LAWS(APH)-2021-12-35

CHINNAM NAIDU Vs. STATE OF ANDHRA PRADESH

Decided On December 02, 2021
Chinnam Naidu Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The present writ petition is filed seeking to declare the Clarification Orders issued by the 2nd respondent vide Rc.No.ESE02- 20021/6/2018-RECTMT-CSE dtd. 8/7/2019 and Rc.No.2615972/TRC- 1/2019 dtd. 8/8/2019 wherein it is clarified that Intermediate is not required for the post of School Assistant (Social Studies) as contrary to Rule 13 (1) (b) (i) of Notification No.768/TRC-1/2018 dtd. 26/10/2018 and Rule 4(1) (b) (i) of G.O.Ms.No.67 dtd. 26/10/2018 issued by the School Education (Exams) Department, illegal, arbitrary, unconstitutional, violative of Articles 14, 16, 21 and 21-A of the Constitution of India and for a consequential direction to set aside the same and to grant declaratory reliefs as prayed for.

(2.) Heard Mr.Thandava Yogesh, learned counsel for the petitioners, learned Government Pleader for Services-III, representing respondent Nos.1 to 4 and Mr.K.Jyothi Prasad, learned counsel appearing for respondent Nos.5 and 6. With the consent of the learned counsel for the parties, the main writ petition is being disposed of.

(3.) The point for consideration, in the present writ petition is whether the qualification of Intermediate is essential for the post of School Assistant (Social Studies) and the Clarificatory Orders allowing the direct Degree candidates for selection to the said posts, though they are not possessing the Intermediate qualification is sustainable?