LAWS(APH)-2023-1-108

STATE OF A. P. Vs. KADRAKA SASHIBUSHAN RAO

Decided On January 31, 2023
State Of A. P. Appellant
V/S
Kadraka Sashibushan Rao Respondents

JUDGEMENT

(1.) Heard Sri V.K. Naidu, learned Government Pleader for Services-III for the appellants and Sri Thota S.V.L. Narasimhaswamy, learned counsel for the respondents- writ petitioners.

(2.) Since the issues and contentions in these two Writ Appeals are the same, this Court deems it appropriate to dispose of these two Writ Appeals by way of a common judgment.

(3.) In W.A.No.118 of 2023, challenge is to the order dtd. 8/7/2022 passed by the learned Single Judge in W.P.No.24270 of 2020. W.A.No.157 of 2023 calls in question the order dtd. 8/7/2020 in W.P.No.23855 of 2020. The order impugned in these two Writ Appeals is a common order passed by the learned Single Judge. The respondents in the present Writ Appeals, by invoking the provisions of Article 226 of the Constitution of India, instituted the above referred Writ Petitions, assailing the action on the part of the appellant-authorities in not considering their candidature for appointment as Secondary Grade Teacher (Telugu) notified vide Notification No.768/TRC-1/2018, dtd. 26/10/2018 on the ground of non-submission of Nativity (Agency Area) Certificates. After receipt of notices, the respondents in the Writ Petitions, who are the appellants herein, filed counter affidavits, denying the averments and allegations made in the affidavits filed in support of the Writ Petitions and in the direction of justifying the impugned action. The learned Single Judge, by way of a common order dtd. 8/7/2022, allowed the Writ Petitions, directing the respondents- appellants herein to consider the candidature of the writ petitioners-respondents herein for appointment as Secondary Grade Teachers (Telugu) as per the Notification referred to supra, without insisting on production of Nativity (Agency Area) Certificates. Challenging the validity and legal sustainability of the aforesaid order, the present Letters Patent Appeals have been preferred.