O RAMA MOHAN REDDY Vs. SECRETARY

JUDGEMENT

(1.) ORDER: The Petitioner is a Graduate in Arts and Education. He was appointed by selection to the unaided post of B.Ed Assistant with effect from 1-7-1992. Necessary registers and documents were prepared and attested by the authorities, manifesting his regular appointment.

(2.) On 11-3-1995 the 1st respondent issued notification for filling up the post of S.G.B .T. Teacher and B.Ed Assistants. The petitioner applied for B.Ed Assistant post as inservice candidate. However, he did not get interview call and the reasons gathered by the petitioner were that he was overaged. The said action is challenged.

(3.) This Court on 22-3-1995 granted interim directions to interview the petitioner. Later on the results of the interview was directed to be declared. The petitioner was selected for the post of B.Ed Assistant. However the respondents were not inclined to approve the appointment on the ground that the petitioner was over aged on the date of selection and hence he cannot be appointed to the post of B.Ed Assistant. In the counter filed by the 2nd respondent it was contended that the earlier appointment of the petitioner in unaided post was not in accordance with the instructions issued by the Government. There was no valid constitution of selection committee as the nominee of the Government was present in the selection committee. In the later selection, the petitioner was over aged and hence the appointment is illegal. The respondent submits that the Government issued rules for recruitment of teachers in G.O.Ms.No.l dated: 1-1-1994. Under Rule 10(13) the institution shall not appoint any Teacher whose certificate has been suspended or who has been convicted for offences invoking moral turpitude or who has crossed the prescribed age limits or superannuated persons. The prescribed age is 36 years. Admittedly, the petitioner crossed 36 years as on the date of selection. Hence, the petitioner cannot be appointed.