B. PADMAJA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Brief facts of the case are that the date of birth of the petitioner is 1/2/1969. The petitioner completed her 10th class in 1986 and intermediate in the year 1988 in Bi.P.C stream having Botany, Zoology, Physics and Chemistry as specialized subjects. The petitioner graduated in the year 1992 in Bachelor of Science (Home Science) and the relevant subjects are Rural health and Sanitation, Bio-Chemistry, Agriculture, Animal husbandry, Micro biology, Poultry, Therapeutic Nutrition, Fish Culture, Dairy Production and other subjects. The petitioner has completed her Degree of Bachelor of Education in 1996 with Biology as one subject. The petitioner further completed her B.Sc (Zoology) in 2004 from Dr.B.R.Ambedkar Open University and Master of Science in Zoology in May, 2007 and the petitioner also cleared Accountant test in August, 2019. The petitioner was appointed as Secondary Grade Teacher (SGT) in L.P.C.T Gujarati Vidyalaya High School, Vijayawada on 27/10/2004. The appointment was approved vide Procs.Rc.No.29/A1/2018, dtd. 11/5/2018 of DEO, Krishna, Machilipatnam and the said school is Linguistic Minority Institution recognized and aided by the Government of Andhra Pradesh. In view of the vacancy arisen to the post of School Assistant (Biology) on 26/12/2020, the 5th respondent has promoted the petitioner as School Assistant (Biology) with effect from 6/1/2021 and sent proposals vide Rc.No.04/2021 dtd. 27/1/2020 for necessary approvals from the 3rd respondent. The 5th respondent also states that the petitioner is fully qualified to hold the post. The 7th respondent has raised an objection saying that she is also eligible for the post. Considering the rival contentions, the deputy education officer, Vijayawada division has sent a communication to the 4th respondent regarding the promotional proposals of the petitioner. Therefore, the 4th respondent has returned the proposals to the 5th respondent with an instruction to submit an explanation within 10 days. The 5th respondent in turn submitted an explanation that as per the G.O.Ms.No.38, dtd. 19/11/2014, two allied subjects are required to be studied, however the petitioner has studied six (6) subjects and also submitted that AP ED CET Notification 2020 clearly mentioned B.Sc (Home Science) as eligible degree for School Assistant (Biology). Hence, the 6th respondent vide Lr.Rc.No.133/2021, dtd. 28/7/2021 has submitted the proposals to promote the petitioner stating that the petitioner is fully eligible as per G.O.Ms.No.38, dtd. 19/11/2014 as she has studied six subjects, though she just needs to study any two allied subjects. After going through the explanation of the 5th and 6th respondents, the 4th respondent has sent the proposal to the 3rd respondent on 23/8/2021. Surprisingly, the 3rd respondent without assigning any reasons simply rejected the candidature of the petitioner for promotion by saying "not feasible of consideration as per rules in vogue" vide RC.No.1504/A1/2021, dtd. 7/9/2021. Aggrieved by the same, a representation has been submitted to the 2nd respondent on 22/9/2021 and the 2nd respondent called for detailed report from the 3rd respondent on 27/10/2021. But no action has been taken by the 3rd respondent till date. Aggrieved by the action of the 3rd respondent in rejecting the case of the petitioner vide RC.No.1504/A1/2021, dtd. 7/9/2021, the present writ petition has been filed.

(3.) This Court, vide order, dtd. 19/11/2021, has directed that Status-quo to be maintained.