✦ High Court of India · 29 Jan 2025

High Court · 2025

Case Details High Court of India · 29 Jan 2025
Court
High Court of India
Decided
29 Jan 2025
Length
1,758 words

Rl/o Sripuram village, lVladhira Mandal, Khammam District.

5. Penimilla Anjaneyulu, S/o Muthyalu, Aged about 33 years, Occ. Unemployee, Rl/o H.No. 5-50/'1 , Padara Village, Padara Mandal, Nagarkurnool District. 6. Hanmanth Anil, S/o Kondaiah, Aged about 25 years, Occ. Unemployee, R/o H.No. 4-17114, SC Colony, Thripuraram Village and [VIandal, Nalgonda District.

7. AIli Nagaraju,, S/o Gurappa, Aged about 28 years, Occ. Unemployee, FUo H.No. 6-1 13/1 , Chilkur Village and tulandal, Suryapet District. B. Cheemala Manjula, D/o Krishna Murthy, Aged about 37 years, Occ. Unemployee, Rl/o H.No. 1-2-2BO Brundavan Colony, Jangaon village and Mandal, Jangaon District.

9. N.Nirmala,, D/o N.Krishnaiah, Aged about 43 years, Occ. Unemployee, Fl/o H.No.7-7711, Road No. 1, Conductors Colony, Near Shivalayam, Wanaparthy Village, Wanaparthy District.

10. Santi Prasad, S/o Ramulu, Aged about 47 years, Occ. Unemployee, Rl/o H.No. 8-48, Malyala Village, Chandurthi Mandal, Rajanna Sircilla District. 11.Thota Ravi,, S/o Pullaiah, Aged about 47 yea$, Occ. Unemployee, Rl/o H.No. 4-90, Chandupatla-B Village, Chiwemla Mandal, Suryapet District. 'l2.Karupothula Anil, S/o Rajaiah, Aged about 31 years, Occ. Unemployee, R/o H.No. 4-88, Devaruppula village and Mandal, Jangaon Digtrict. sr-.1 4' I --::-\

13. K.Srikanth, , S/r> K.Ramdas, Aged about 37 years, Occ. Uneprloyee, Fl/o Plot No. 25. Ayyapppa Colony, road No.6. Sangareddy.

14. Kondagadupula Kranthi Kumar, S/o China Yeliaha, Aged about 30 years, Occ. Unemplovr:e, Rl/o Vempati village, Thungathuti ll4andal Suryapet District. ,."..PETITIONERS AND

1. The State of Te angana, Rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad.

2. The Commlssiorer and Director of School Education Departme:nt, Saifabad, Hyderabad

3. National Council for Teacher Education(NCTE), Rep. through l'/ember Secretary, Hans Bhavan, Wing-ll. 1. Bahadur Shah Zafar [/arg, New Delhi - 1 10 002. .....RESPONDENTS Petition Under Article 226 of the Constitution of India pra),ing that in the circumstances stateC in the affidavit filed therewith, the High Court may be pleased to issue'a Writ. Order or Direction particularly one in the rature of Writ of q:-? Mandamus declaring mpugned Rule-a(ii)(lV) of the Telangana Direrct Recruitment for the post of teacherrs (scheme of selection) Rules, 2023 vide (i.O.lt4s.No. 25, , dt. 05.09.2023 tc, the extent in not prescribing the qualification ,:f intermediate pass plus sports/ganres or intermediale with 45percent marks and certificate /Diploma in Physical Education of two-year course for the pcst of Physical Education Teacher as per the qualifications prescribed in National Council for Teacher Education Regulations, 2014 and prescribing intermediate with SOpercent marks and certificate/Diploma in Physical Education, and not providing Spercent relaxation ir intermediate marks as provided for all othe- teacher posts and impugned notifi:ation No. 20lRC-1/DSC/TRT/2023, dt. 0r1.09.2023 and information bulletin dt 20.09.2023 issued by the 2nd Respondent as totally illegal, withut jurisdiction, vrc,lative of Article 14, 16, 21 and 254 of the Constitution of lndia and consequenlly set aside the same by further directing th 3 Respondents to conduct recruilment to the post of Physical Education Teacher irs per National Council for Teacher Education (Determination of Minimum Qralifications for Persons to be recruikrd as Education Teachers and Physical Education Teachers in Pre-primary, Prinrary, Upper Primary, Secondary, Senior Secondary or lntermediate Schools or Colleges) Regulations, 2014 and relevant laws in force. {

1.-t. . 1-':: |.A.NO:2 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fi1ed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the impugned Notification No.20lRC 1/DSC/TRT/2023, dt. 06.09.2023 and information bulletin dt. 20.09.2023 issued by the 2nd Respondent for recruitment to the post of Physical Education Teacher. |.A.NO:3 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned G.O.l\/s.No. 25, dt. 05.09.2023 in so far as Rule-4(ii)(lV) in respect of Physical Education Teacher post. Counsel for the Petitioners : SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR SCHOOL EDUCATION / G.P FOR SERVICES.I Counsel for the Respondent No.3 : SRI M.MAHBOOB ALI W.P.NO: 30185 OF 2023 Betvveen: '1 . Brahma Santosh Kumar, S/o Ramaswamy, Aged 39 years, Occ. Unemployee Fl/o H.No. 2-1-2211 , Behind Market, Jagtial (V and (M), Jagtial District.

2. K.Sowbhagya, D/o Ravi, Aged 30 years, Occ. Unemployee, Rl/o H.No. 19-36, Shivaji Atmakur Vilage and Mandal, Wanaparthy District.

3. T.Srikanth, S/o Ramulu, Aged 39 years, Occ. Unemployee, Rl/o H.No.9-5-38, Sainagar, Sircilla, Rajanna Sircilla District.

4. B.Bakkanna, S/o B.Ramudu, Aged 42 years, Occ. Unemployee, Rl/o Kollapur, Nagarkurnool District.

5. Pragath Kumar Gaddal, S/o Shyamsundar, Aged 38 years, -Occ. Unemployee, R/o H.No. 19-9-356, Nagendranagar, Rangashipet, Warangal.

6. K.Geetha, D/o K.Pochaiah, Aged 39 years, Occ Unemployee, R/o H.No. 1- 4411, Malkapur Village, Kothapalli Mandal, Karimnagar District.

7. A.Ramesh, S/o A.Venkataswamy, Aged 29 years, Occ. Unemployee, Rl/o H.No. 6-98, Yedula Village and Mandal, Wanaparthy District.

8. E.Sushma, D/o E.Laxmaiah, Aged 33 years, Occ. Unemployee, Fyo H.No. 3- 4-35, Majid Line, LB Nagar, Hyderabad. L w.r'./ .'-'. ,{' :l

9. Nakka Balraj, {iio Nakka Jayaram, Aged 32 years, Occ. Unemployee, Rl/o H.No. 3-28 Des;haipet Village, Bannswada Mandal, Kamareddy District- .,.".PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Schocl Education Department, Secretariat, Hyderabad.

2. The Commissioner and Director of School Education Departmont, Saifabad, H!derabad.

3. National Counc I for Teacher Education (NCTE), Rep. through Member Secretary, Hanr; Bhavan, Wing- ll, 1, Bahadur Shah Zafar Man3, New Delhi - 1 10 002. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praving that n the circumstances statec in the affidavit filed therewith, the High Court may be pleased to issue a \A/'it, Order or Direction particularly one in the nature of Writ of Mandamus declarinq impugned Rule-4(ii)(l) of the Telangana Direrct Recruitment for the post of teachr>rs (scheme of selection) Rules, 2023 vide r.l.O.lt4s.No. 25, dt. 05.09.2023 to the extent in not prescribing the qualiflcation of graduate/post- graduate with at least 45 percent marks in either gradualion or post graduation' and Bachelor of Edr,rr;ation from NCTE recognized institution contrary to National Council for Tea,:her Education (Determination of Minimum Qualifications for Persons to be rer:ruitr:d as Education Teachers and Physical Educ:ation Teachers in Pre-primary, Prirtary, Upper Primary, Secondary, Senior Secondary or lntermediate Schools or Colleges) Regulations, 2014 and not pret;cribing pass in graduation for those who had already taken admission to tl- e Bachelor of Education course p[ior to 29.07.2011 as per National Counc:il for Teacher Education Amendment Notification vide F.No.NCTE-Reg.lA1212212019-US (Regulation-HQ), dt. 1 3.'1 I .2019 f or the the post of School lissistants, and impugned notification No. 20/RC-1/DSC/TRI12023, dt. 06.09.2023 and information bullelin dt. 20.O9.2023 issued by the 2nd Respondent as totally illegal, without jurisdiction, violative of Article 14, 16,21 and 254 of the Constitution of lndia and consequen lly set aside the same by further directing the Respondents to conduct recruitment to the post of School Assistant Teacher for respective subject as per National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical f Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or lntermediate Schools or Colleges) Regulations, 2O14 and relevant laws in force, I.A.NO:2 OF 2023 Petition Under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to receive the applications of the Petitioners for the post of School Assistant Teacher under notification No. 20lRC-1/DSC/TRT/2023, dt.

06.09.2023 and permit them for further selection process. |.A.NO:3 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the impugned Notification No.2OIRC- 1/DSC/TRT/2023, dt. 06.09.2023 and information bulletin dt. 20.09.2023 issued lcl-:, by the 2nd Respondent for recruitment to the post of School Assistant Teachers. Counsel for the Petitioners : SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR SCHOOL EDUCATION / G.P FOR SERVICES.I Counsel for the Respondent No.3 : SRI M.MAHBOOB ALI The Court made the following COMMON ORDER d' t' @q' / i THE }{ON'BLE SRI JUSTICE P.SAM KOSHT' AND THE HON'BI,E SRT JUSTTCE NARSING RAO NANDIKONDA WRIT PETITION NoS.28658 & 30185 of 2023 COMMON ORDEI lilpcr flon ble .\n Justi.t P.S/1tl! KOSHY) Today, when the matter is taken up for hearing, Mr.A.Suresh, leamed counsel entere,l appearance under the instructions ol- Mr.S.Rahul Reddy, learned counsr:l firr the petitioners and submits that pursuant to the G.O.Ms.No. 1,1., dated 12.06.202a,the grievance of the petitioners seems to have got redressed t' J

2. R ecording tht' abo*re rnirde subirrissir)rr, these \i,/rit Pcritions stand:: disposed of. As a sequel. nriscellaneous applications pending, if an_r,. shall stand .9losed. No order as to costs. To //TRUE COPY// SD/. P. PADMANABHA REDDY AS qISTANT REGISTRAR n TION OFFICER " sEc Telangana at Hyderabad. 1 . The Principral S:cretary, School Education Department, Secrelariat, State of Z. ffrJ C"ommissicner and Director of School Education Departntr:nt, Saifabad, g. T6e Member St>cretary, National Council for Teacher Educaticn (NCJE-)1^ Hans Bhavan, \Ving- l[, 1, Bahadur Shah Zafar Marg, New D" l,l- .1 10 002'

4. Two CCs to GF FOR SERVICES- l, High Courtforthe State oiTelangana at Hyderabad. Hyderabad. [OtJT]

5. Ohe CC to SRI S.RAHUL REDDY, Advocate IOPUC] 6. One CC to SRI IV.MAHBOOB ALl, Advocate (OPUC) 7. Two CD Copies' SA GJP l/ f I _. .' .:_ :,- -' -:-i:---:--riFa.,..r..r3!::E* HIGH COURT DATED:2910112025 I \ COMMON ORDER WP.Nos.28658 AND 30185 of 2023 tl' ././.. ilrj') li, *c^ 0 3 ,tpn 2025 c is;1,111-., ,;-"/ DISPOSING OF THE BOTH WRIT PETITIONS WITHOUT COSTS. /p/z ,/lq ! : I i I i I I i I I I i I 1 I , I i t t I I I l

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