STATE OF ANDHRA PRADESH Vs. N KOTESWARA RAO

JUDGEMENT

(1.) The question, which arises for consideration in these applications, although is of some importance, having regard to the order proposed to be passed by us, it may not be necessary for us to advert to all the contentions raised in the applications and finally adjudicate thereupon.

(2.) Suffice it to point out that the State of Andhra Pradesh issued G.O.Ms.No. 3, Social Welfare (TW.Edn.II) Department, dated 10-1-2000, purported to be in exercise of power conferred upon it under Schedule-V appended to the Constitution of India, In terms of the said G.O.Ms.No. 3, dated 10-1-2000, reservations have been made in favour of the local tribal candidates for filling up all the vacancies of School Teachers in the educational institutions within the Scheduled Areas. Original Applications have been filed before the learned Tribunal, being O.A.No, 2138 of 2000 and batch, and by reason of an order dated 19-9-2000, the said G.O.Ms.No. 3 dated 10-1-2000 was quashed. As against the said decision, a writ petition has been filed before this Court, being Writ Petition No. 19392 of 2000 and by an order dated 18-10-2000 the judgment of the learned Tribunal has been suspended.

(3.) By reason of G.O.Ms.No. 118, Education (Ser. VI) Department, dated 20-9-2000, the State framed rules known as Andhra Pradesh Teachers (Regulation of Transfer) Rules, 2000, (hereinafter referred to as 'the Rules' for the sake of brevity). The relevant provisions of the said Rules are 21, 23,24,25 and 27, which read;