MALOTH VINOD KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Counter affidavit is filed by the 4th respondent while denying all the allegations made in the petition contended that as per the Supreme Court judgment on G.O. Ms. No. 3 Social Welfare (TW.SER.II) department, dtd. 10/1/2000 in Civil Appeal No. 3609/2002 and 7040/2002, dtd. 22/4/2020 all those appointments made in excess of 50% from 1986 upto the date of judgment are saved. Any appointment made in excess of 50% rule after 22/4/2020 is violation of the Supreme Court judgment and as such not sustainable and in view of the condition imposed by the Supreme Court while saving the appointment made in excess of 50%, directed not to make any future appointments from the said list of DSC 2018 if it is not already done. It is further stated that the Director, Tribal Welfare, A.P. has addressed a letter vide Lr.Rc. No. 1144267SOWO3-1402132/12/2020-K SEC, dtd. 22/6/2021 to the Director of School Education, A.P. requested to follow the said Govt. Memo for further appointments in DSC 2018 in respect of Scheduled area without fail. In view of the clarification issued by the Tribal Welfare Department, the respondents have issued certain instructions vide Memo No. ESEO1-SEDNOCSE(RECT)/96/2021-Exams, dtd. 10/12/2021 to the Director of School Education, A.P. to follow the instructions issued in the Government Memo No. 1265257/TW.Edn.1/2020, dtd. 18/4/2021 for further appointments of teachers in DSC 2018.

(3.) Additional counter affidavit is filed by the 4th respondent on behalf of the respondents No. 2 and 3 reiterating all the averments made in the counter affidavit and contended that after receipt of the instructions of the 3rd respondent dtd. 20/12/2021 the respondents have not taken up any counseling for appointments to the any tribal area including School Assistant (Telugu) and Language Pandit (Telugu). The selection list of candidates would be discontinued of operation waiting list vide G.O. Ms. No. 554, GEN (Admn.) Department, dtd. 4/12/1998. The appointments are issued in various dates in the July 2021 by the time the 4th respondent has no knowledge with regard to orders of Hon'ble Supreme court. It is further stated that there were strict instructions not to take up any further selection of candidates pertaining to DSC 2018 or otherwise serious action be taken on the officers and accordingly further selection are stopped.