G JYOTHI RANI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) There are about 3,300 petitioners in all these writ petitions hailing from different districts in the State. Most of the petitioners are those who applied for the posts of "Special Teachers" pursuant to the advertisements issued by various Zilla Parishads in the year 1989. We are consciously using the word 'most' for the reason that there is a controversy whether Special Teachers' posts were advertised at all in some of the districts. The petitioners seek a writ or order directing the respondents "to appoint the petitioners as Teachers to available posts of Special Teachers based on their earlier eligibility as per G.O.Ms.No.716, (Panchayat Raj Department) dated 13-11-1981". Interim orders were sought for to appoint them as Teachers forthwith. Reliance is sought to be placed on the orders passed by this Court while granting interim orders and we shall advert to them a little later. It may be stated that the advertisements were not only in respect of the 'Special Teachers' but also to other categories of teachers viz., SGBTs etc.

(2.) By G.O.Ms.No.429 (Education (I)) Department dated 13-10-1983, the State Government decided to create the posts of 'Special Teachers' and 'Special Language Pandits'. The Special Teachers were to be allotted to the Single Teacher Schools and the Special Language Pandits to the Upper Primary Schools. The qualifications prescribed for Special Teachers are : (i) Minimum General Educational qualification prescribed in the Andhra Pradesh State and Subordinate Service Rules; (ii) A trained Teacher's Certificate of Secondary Grade or an equivalent thereto or the Certificate of Teacher Training Institute (Intermediate trained).For Special Language Pandits, the qualification prescribed was 'oriental title' in the language concerned with training qualification. The G.O.stipulates that the teachers appointed against these posts shall be paid a fixed salary of Rs, 398/- per month without eligibility for other allowances. It was also stipulated that the appointments were on tenure basis for a period co-terminus with the academic year. The age limit for appointment, rules of reservations, the authorities for conducting the tests and interviews were also prescribed by the said G.O. At this stage itself, one important stipulation laid down in G.O.No.429 deserves notice : "The procedure for selection as laid down in G.O.Ms.No.716 (Panchayat Raj) dated 13-11-1981 shall be followed by the District Selection Committees regarding calling of candidates from Employment Exchanges, written examination, interviews etc." On the same day i.e. 13-10-1983, G.O.Ms.No.430 was issued creating 14,621 posts of Special Teachers and 2,117 posts of Special Language Pandits. Additional sanction of posts was made by the subsequent G.Os. Orders were issued later on that the Special Teachers and Special Language Pandits who are selected, are eligible for absorption against regular vacancies of teachers if they are fully qualified to hold the posts. In G.O.Ms.No.68 (Education - EE Department) dated 28-2-1989, the Government, after reviewing the policy in rega rd to Special Teachers, ordered that all the existing vacancies of the Special Teachers may be filled up immediately and the posts of Special Language Teachers and Special PETs should not be filled up. It was also directed that the Special Teachers' work should be watched for a period of three years and only those whose performance was satisfactory will be considered for absorption against appropriate posts carrying regular scales of pay subject to availability of vacancies and Rules governing recruitment to the posts. This decision was taken in the aftermath of the litigation which went upto Supreme Court in which the Special Teachers sought payment of salary on par with regular teachers on the principle of "equal pay for equal work".

(3.) It is the case of the petitioners that they were selected after the written test arid interview and their names find place in the merit list prepared by the Selection Committees and therefore, they are entitled for appointment as Special Teachers irrespective of expiry of the period of one year form the date of preparation of the list. For this purpose, the petitioners rely on Rule (para)-17 of Annexure-II to G.O.Ms.No.716 dated 13-11-1981 which reads as follows: "The list of candidates referred to in para-14 above shall be valid till another list for the succeeding year is prepared." It is the contention of the petitioners that the procedure for selection prescribed by G.O.Ms.No.716 is made applicable in terms of G.O.Ms.No.429 which created the posts of Special Teachers and the above extracted Rule squarely applies and the respondents concerned are bound to issue appointment orde rs without invoking the plea of expiry of currency of the panel or list. The respondents submit that with the advent of G.O.Ms.No.231, (Panchayat Raj Dept) dated 31-3-1989, which was issued in exercise of statutory power under the proviso to Article 309 read with relevant provisions of the Acts governing Panchayat Raj Institutions, the only procedure applicable is the one laid down in the said G.O. and G.O.Ms.No.716 has been and must be deemed to have been superseded. At this juncture, we may note that Rule (para) 9(g) of G.O.Ms.No.231 lays down "that the panel approved by the District Selection Committee shall be valid for a period of one year from the date of its approval".