Seelam Gopalakrishna v. 1. The Project Officer

Petition Und,:r Section 151 CPC praying that in the crrcumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to suspend the operation of the Proceedings Rc No. 1 1 37lB 1/EstucRps/2014 dated 3110712014 issued by the 1st respondent, with a direction to consider the appointment of tht: petitioner as Cluster Resource person at ZpHS school complex, Kuppenakuntla, pending disposal of this writ petition. Cgunsel for the Petitioner : SRI P.V.KRISHNAIAH Counsel for the Respondent Nos.1 to 4 : Ms. G.SREE CHANDRA Counsel for the Respondent No.5 : SRI B.VIVEKANANDA The Court made the following ORDER .,l! HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.17105 OF 2O2O ORDER: Heard Sri P.V.Krishnaiah learned counse! appearing on behalf of the petitioner and Ms' G'Sree Chandra, learned standing counsel appearing on behalf of the respondent Nos.1 to 4 and Sri Bommineni Vivkenanda' learned counsel appearing on behalf of the respondent No.5

2.7 e Draver as u n er: *.......to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of l.he respondents in appointing the party responcJent as Cluster Resource Person at ZPHS by Proceedings Rc.No.2335/E31/CRP/RVMSSA/201314 dated 26lOl/20L4 instead of appointing the petitioner as arbitrary, illegal malafide discriminatory and unconstitutional violating Articles 14 16 and 21 of the Constitution of India and set aside the same and issue consequential directions directing the authorities to consider and appoint the petitioner as Cluster Resource Person at ZPHS school complex a rea/Kuppenaku ntla village with effect l'ront the date of the appoinLment of the 2 pa rlty responden t pasl;...." with all consequential benefits and

3. It is specific grievance of the petitioner that the respondent No.2 issued a notification invitinq applications for the post lf Cluster Resource person on temporary basis on 28.08.201.2. The party respondent was wrongly appointed by the authorities on 01.12.2012, as the party respondent was non local and the post of Cluster Resource person is reserved for locals arrd only in the event of non _ava ila bility of locals the post can br.availed by non_locals. The peiitionr:r made several representations to the authorities regardirE the illegal appointmen: of party respondent since the iretitioner as a local candid,tte. is available and is eligible ancj interested for the job. The authorities duly considering the petitioners representation vide proceedings dated 26.O1.20i4 terminated the party responden t, It is further the case of the petitioner that the party respondent arproached this court challenging the proceedings dated 26.01.2074 in W.p.Mp.No.19811 whereby this court was pleased to set aside the above said proceedings on the ii,-"' 3 ground that the authorities had not followed the principles of natural justice. Thereafter the authorities vide proceedings Rc No. 1137181/Esst/CRPS/20L4 dated 31.07.2074 again appointed the party respondent instead of the petitioner herein. Aggrieved by the same the petitioner preferred this writ petition. PERUS ED THE RECORD:.

4. The counter affidavit has been filed on behal of the resoonde nt Nos.1 to 3 and in oarti cular oara No .7 and 11 are extracted hereun d e r:- considefln

7. I submit that the Sri K.Dasu secured first rank in the merit list Sri S.Gopala Krishna is at third rank in the merit list of SC candidates. Both candidates belong to Penuballi Mandal. The selection co mmittee select dSri KDasu. due to ove rsio ht ithout localitva nd observino t he merito rious candida tes in the cateoorvof instead of comPlex level for Penuballi Mandal identification regarding selection of CRP as it was done for other category posts Management Information System (MIS) personals and Clerk cum Computer Operator (CCO) in the Mandal Resources Center. On the representation of Sri S.Gopalkrishna the then Project Officer RVM (SSA), Khammam requested the Mandal Educational Officer and Mandal Revenue Officer Penuballi Mandal for submission of local status report about Sri K Dasu and Sri S. Gopala Krishna vide proceedings RC No.10289/8rlCRP/RVM(SSA)/20t3, dated 28.12.2013, the Tahsildar of Penuballi in his letter 1 RC l{o.A/134 /20t4, dated loca I status as follows:

17.02.20I,+, received the a) Sri K.Dasu, S/o Devadanam, native of Lankapalli Village, Pen u ba Ili mandal b) Sri S.Gopala Krishna, S/o Vekaiah, native of Ku pe na ku ntla Village Penuballi Mandal. 11. I submit that there are no intentions about continuing of Sri K Dasu as CRp, only followed the orders of Hon'ble High Court and also submitted counter affidavit for vacating the interim orders as well as dismiss the case. fn view of the above facts and circumstances of the case, Hon'ble High Court may be pleased issue orders for appointing Sri S. Gopala Krishna CRP by dismissing the case ot LS9B4/2O14 filed by Sri K Dasu, S/o Devadanam as he belongs to Lankapalli Village of Mandal whereas Sri S, Gopala Krishna belongs to ZPSS Kuppenakuntla School complex area.

5. Learne:d standing counsel appearing on behalf of the respondent llos. L to 4 upon instructions submit:; that lhe 5th respondent passed away on 14.06.2024 and written instructions of the District Education Officer, t<:hammam are duly brought on record, at the request of the learned standing counsel appearing on behalf of the respondents. .-i i' 5

5. The releva ntD ara Nos. 7 to t2 of the written instruction s issued bv the District Education Officer, Khartrmam are extracted below:-

7. Further, Sri K. Dasu secured first rank in the merit list. Sri S. Gopala Krishna is at third rank in the merit list of SC candidates. Both candidates belong to Penuballi Mandal. The selection committee selected Sri K Dasu, due to oversiqht without observinq the localitv and considering the meritorious candidates in the category of Penuballi Mandal instead of complex level for identification regarding selection of CRP as it was done for other category posts Management Information System (MIS) personals and Clerk cum Computer Operator (CCO) in the Mandal Resource Center. On the the representation of Sri S Gopala krishna the then Project Officer RVM (SSA), Khammam requested the Mandal Educational Officer and Mandal Revenue Officer Penuballi Mandal for submission of local status report about Sri K Dasu and Sri S Gopala Krishna No. 10289/8I/CRP/RVM(SSA)/2013, dated: 28.12.2013, the Tahsildar of Penuballi in his letter RC No. A/134/201,4, dated: 11.2. 2014, received the local staius as follows proceedings RC A. Sri K Dasu,S/o Devadanam, native of Lankapalli village, penuballi Manda I B. Sri S Gopala Krishna, S/o Vekaiah, native of kuppenakuntla village penuballi Mandal B. Further, the local status was submitted to the District Collector and Chairman, RVM(SSA), Khammam. As per the note approval of District Collector and Chairman, RVM(SSA), Khammam, the Project Officer, RVM (SSA), Khammam terminated Sri K Dasu vide Proceedings RC No. 2334lBr/CRP/RVI\4(SSA)/2013-t4, dated: 6 I ,f 5 'zOi+,

26.,1.2014, as he is non_local to ZPSS Kuppenakunila Sch :ol complex w.e.f.28.0 4.2014. 9. It is the fact that Sri K Dasu, approached the Hon,ble Higr Court vide Wp No. .n.f il,iging tn. .15984 of g,fd:,r-_of termination, dared: 26.4.20f+, ln" Hon,bte High_Court suspended the orders of turrii-luiioin. As per the Crders or the Hon,bte High C"*t, iC;'';yOerabaO i.i. K.Dasu, CRp continued vide proc Rc No. 1 137 / B 7 / Esrt/CRp/20 1 3 _ 14 Dr. 3 1. O7 .io t +." 1^0: il r submitted that, due to reorganisation of schoot "ri Oii, *as shifted co12leles for rhe year 2014-15 S.i to ZrSS Lankapalli comptex from ZPHS S.f.,ooiio.pf"r, "Iomptu" Kupp,:n6kun1la, penuballi Mandat ai ih" t, having 1B sch ools.

11. Further Submitted that, Sri.K.Dasu, CRp, was expired on 14.06.2O24 and the CRp pori i"'r"..nt. 12. In view of the above, it is submitted that, on receipt of the orders with regaJio-iiir]"g ,p ot CRP.post,. the request of th6 petitioner'wiff Ae considered duly filing up the proceJure and guidelines from the higher autf;;tier- in the matte r A bar t cou ter affidav t filed on Nos.1 to3a d he lat on record todavr e resDo ndent e e verme ts ma ei lf of r t e nd nt w n rnstru ton brouqht

28.O 3 .2025 indica sele ed bv s that the 5th the Sel ection om it edu V t localitv and co nsid s h eritorious ca ndidates tn 1 the cateoorv of Penuballi Mandal and admittedlv as borne on record, the 5th respondent's native villaqe is Lankaoal i Villaqe & Penuballi Mandal and the oetitioner is native of Kuooenakunta la Villaqe & Penuballi Mandal.

8.7 e learned sta ndino counse I aooearino on behalf sDondent Nos. 1to 4fairlv submits that tn vtew of the of the fact that the 5th resDondent e Dared on L4.06.2024 which is subseouent develoom nt, since the oetitioner had been denied his leoal e titlement due to DDointment of t e 5th resoondent due to oversiq ht without observi nq the localit resoondents mav be dire d to consider o titioner's case as er due oroced ure and ouidel nes as oer rules in force.

9. Takinq into con sid eration: - a) The aforesaid facts and circumstances of the case. b) The submissions made by the tearned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondent Nos. 1 to 4 c) The averments made in the counter affidavit fled on behalf of the respondent Nos. 1 to 3 (referred to and extracted above) d) The latest instructions brought on record today i.e., 29.03.2025 by the learned standing counser appearing on beharf of the respondent Nos. 1 to 4 (referred to and extracted above). The Writ petition is allowed, and the respondents are directed to consider the case of the petitioner for appointment as Cluster Resource person at ZpHS school comprex area/Kuppenakuntra viilage with effect from the date of the appointment of the Sth respondent herein with all consequential benefits, in view of the clear admission made at para Nos.7 & 11 0f the counter affidavit filed on behatf of the respondent Nos. 1 to 3 and the latest written instructions brought on record(referred to and extracted above) of the District Education Officer, Khammam within a peraod of four a 'l 9 (04) weeks from the date of receipt of copy of the order and pass appropriate orders on the subject issue pertaining to the request of the petitioner for appointment as Cluster Resource person at ZPHS schoot complex area/Kuppenakuntla Village with effect from the date of the appointment of the party respondent with all consequential benefits and duly communicate the said orders to the petitioner herein. However, there shall be no order as to costs. M iscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD.K.SREERAMA DEPUTY RE RTHY STRAR SECTION OFFICER

1. The Project Officer, Rajiv Vidya Mission (SSA), Khammam, Khammam District. District.

2. The Collector/Chairman, Rajiv Vidya Mission (SSA), Khammam, Khammam

3. The State Project Director (VC), Rajiv Vidya Mission (SSA), Near L. B. Stadium, Hyderabad.

4. The Principal Secretary to Government, School Education Dept., Secretariat, State of Telangana at Hyderabad.

5. One CC to SRI P.V.KRISHNAIAH, Advocate [OPUCI 6. One CC to Ms. G.SREE CHANDRA, Advocate [OPUC] 7. One CC to SRI B.VIVEKANANDA, Advocate (OPUC) 8. Two CD Copies To SA l I l I I HIGH COURT DATED:2810312025 ORDER WP.No.17105 of 2020 C.C. TODAY 1Y\E. 5 tAIr-- o^i 17 Arn ?[?5 t I c ,-.\../ .- ! J, -* ,/ ^, \--\. ;7 -\:.__t:---.' ALLOWING THE W.P WITHOUT COSTS. t >o