[ 3301 ]

(sHow CAUSE NOTTCE BEFORE ADMTSSTON)

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE FIRST DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 10903 OF 2024 &11877 OF 2024

WRIT PETITION NO: 10903 OF 2024

Between:
1. C. Jagadeesh, S/o C. Baswaraj Age 43 Working as Hindi Pandit Grade ll At
UPS Gudimalkapur Hanwada, lvlahabubnagar District, R/o H.No Chaitanya
Nagar Yenugonda, lMahabubnagar District.
2. It/. Anitha, D/o M. Prabhakara Sharma Age 47 Years Working as Telugu
Pandit Grade ll At UPS Christianpally, N/ahabubnagar Mandal, Mahbubnagar
District, R/o H.No 14-4-B2lA, Bhageeratha Colony, trlah-abubnagar
N/ahabubnagar District.
3. Sidhnathi Rajashekar, S/o tMallikarjuna Sharma Age 47 Working as Telugu
Pandit Grade ll At ZPHS Lingampally, Nawabpet lt/andal, N/ahbubnagar
District, R/o H.No 1-3-12313 Saddalgundu , N/.Nagar N/ahabubnagar District.
4. S. Chandra mouli, S/o Balakistaiah Age 50 Years Working as Telugu Pandit
Grade ll At ZPHS Karivena, Bhuthpur l/landal, [t/lahbubnagar District, R/o
H.No 1-2-1213 Palsab Gutta, [t/.Nagar Mahabubnagar District.
5. tMydam Laxman., S/o tM. Thimmappa Age 54 Working as Telugu Pandit
Grade ll At ZPHS Nijalapur, Moosapeta Mandal, Mahabubnagar District. R/o
Flat No 104 Sri Raghavendra Residency, Bhageeratha Colony,
lVahabubnagar.
6. G. Lingamaiah, S/o G. Kondanna Age 50 Working as Telugu Pandit Grade ll
At ZPHS Kothamolgara , Bhuthpur Mandal, Mahabubnagar District. R/o Marlu
Employees Colony, lVahabubnagar
7. S. Krishna Nayak, S/o Gundla Chander Age 43 Years Working as Telugu
Pandit Gradc ll At ZPHS Pedda Adirala, Jadcherla lt/landal, Mahabubnagar
District. R/o 13-133/3/8 Srinivasa Nagar Colony, Badepally, Jadcherla
8. V. Radhakishna, S/o V. Krishnamurthy Age 53 Years Working as Telugu
Pandit Grade lt At ZPHS Nawabpeta, Nawabpeta ft/andal, N/ahabubnagar
District. R/o Pillalamarri Road, N/ahabubnagar
9. C. Venkata Ramanacharyulu, S/o C. Narasimhacharyulu Age 48 Working as
Telugu Pandit Grade ll At ZPHS Ayyawaripally, tt/idjil Mandal, Mahabubnagar
District. R/o 30-50 Madhavarao Compound, Jadcherla , Mahabubnagar
District.
10. Lingam, S/o Vijay lingam Age 43 Years. Working as Telugu Pandit Grade ll At
ZPHS Koduru, tMahabubnagar Mandal, N/ahabubnagar District.
1 1. K. Ravikumar, S/o Prabhakar Age 38 Years Working as Telugu Pandit Grade
ll at ZPHS Bhoompally Kamareddy District,
12.tU. Radhika, D/o Narsimulu Age 45 Years Working as Telugu Pandit Grade ll
at ZPHS (B) Lingampet Kamareddy District.
13. D. Kalpana, D/o Poshetty Age 48 Years Working as Telugu Pandit Grade ll at
MPUPS Bonaal, Kamareddy District.
14.P. Manga, D/o Narayanarao Age 53 Years Working as Telugu Pandit Grade ll
at ZPHS(G) BBPet, Kamareddy District.
15.T. Anjaiah, S/o Yellaiah Age 57 Years Working as Telugu Pandit Grade ll at
ZPHS [Mothe, Kamareddy District.
16.T. Sridevi, D/o Shivabushwiain Age 52 Years Working as Telugu Pandit
Grade ll at ZPHS Basannapally, Kamareddy Distlict.
17.M. Ravi, S/o Sidhaiah Age 43 Years Working as Telugu Pandit Grade ll at
MPUPS Lakshminayak Tanda, Kamareddy District.
18.T. Sharada, D/o Digambar Age 54 Years-Werking as-Telugu Pandit Grade a
at ZPHS Lingampally, Kamareddy District.
19.V. Vani, D/o Nagabushanam Age 49 Years Working as Telugu Pandit Grade
ll at ZPHS Vajjepally, Kamareddy District.
20.D" Goapal Sharma, S/o Rajamouli Sharma Age 57 Years Working as Telugu
Pandit Grade ll at ZPHS Hanumajipeta, Kamareddy District.
21 .T . Srinivas, S/o Shivaramulu Age 51 Years Working as Telugu Pandit Grade ll
at ZPHS Gidda, Kamareddy District.
22.P. Vijayasri, D/o Lakshmiraja Age 49 Years Working as Telugu Pandit Grade
ll at ZPHS Singarapally, Kamareddy District.
23.T. Swapnapriya, D/o Ramkishan Age 44 Years Working as Hindi Pandit
Grade ll at ZPHS Singarapally, Kamareddy District.
24.J. Sridevi, D/o Rajamouli Age 54 Years Working as Telugu Pandit Grade ll at
ZPHS Yerrapad, Kamareddy District.
25.G. Shailaja, D/o Bhujangarao Age 57 Years Working as Telugu Pandit Grade
ll at ZPHS Palvancha, Kamareddy District.
26. Gangamani, D/o Gangaram Age 44 Years Working as Telugu Pandit Grade ll
at MPUPS Bhanswada, Kamareddy District.
2T.Dandamanjula, D/o D. Pichireddy Age 48 Years Working as Telugu Pandit
Grade ll at ZPHS Janagom, Narayanapur Mandal, Yadadri Bhuvanagiri
District.
28. S. Shobharani, D/o VEnkatanna Age 49 Years Working as Hindi Pandit Grade
ll at ZPHS lbrahimbad, Hunwada Mandal, [Vlahabubnagar District.
29.Arneenabegam, D/o Rahmathali Age 45 Years Working as Hindi Pandit Grade
ll at UPS Ablapur, Papannapet Mandal, Medak District.
30.S. Vimala, D/o Vittal Age 54 Years Working as Hindi Pandit Grade ll at UPS
Uppalingapur, Eldurthi lt/andal, tMedak District.
31. K, Lakshman Rathod, D/o Shankar Age 43 Years Working as Hindi Pandit
Grade ll at ZPHS Ananthasagar, NarayanKhed l/landal, Medak District.
32.Augusteen, D/o T. Prasannakumar Age 43 Years Working as Hindi Pandit
Grade ll at UPS Annaram, Papannapet tMandal, Medak District.
33. H. Anasuya, D/o H. Narsingh bhanu Age 50 Years Working as Hindi Pandit
Grade ll at ZPHS Yusufpet Papannapet [t/andal, Medak District.
34. Ramadugu Ramadevi, D/o Suryanarayanamurthy Age 56 Years Working as
Terlugu Pandit Grade H at ZPHS Lingojigudem, Choutuppal N/landal, Yadadri
Bhuvanagiri District.
35. Hanumansingh, S/o Shankar Singh Age 48 years Working as Hindi Pandit
Grade Il At ZPHS Nasurullabad, Jadcherla lVandal, [\/ahabubnagar District.
36. K. Saraswathi, D/o K. Krishnaiah Age S2years working as Telugu Pandit
Grade ll At ZPHS Koduru, Mahabubnagar Mandal, Mahabubnagar District.
37. tM.Basaiah, S/o tM. Siddaiah Age 43 years working as Telugu Pandit Grade ll
At ZPHS Tirumalapur, Balanagar [Mandal, fMahabubnagar District.
33.Srinivasulu, S/o Tukaram Age 48 years working as Hindi Pandit Grade ll At
UPS Vallabhraopally, Midjil lVlandal, Ivlahabubnagar District. R/o Jadcherla,
Mahabubnagar District.
3g.Chandrashekhar Joshi, S/o Jagannatharao Age 49 years working as Telugu
Pandit Grade ll At UPS tvladdigatla, Bhoothpur ltrlandal, Mahabubnagar
District R/o Mahabubnagar District.
40. Madhusudhan Joshi, S/o Jagannatharao Age 50 years working as Telugu
Pandit Grade ll At UPS Yellareddypally Koilkonda Mandal, Mahabubnagar
District. R/o tMahabubnagar District.
41. B.E. Vijayakumar, S/o B.N. Eliah Age 48 years working as Hindi Pandit Grade
ll At UPS Peddapur, Nagarkumool Mandal, Nagarkurnool District.
42.Kumar Vibheeshan, S/o Krishna Age 49 years working as Hindi Pandit Grade
ll At MPUPS Chityala, Makhthal, Narayanapeta District. R/o [t/akthal,
Naryanapeta District.
43. R. Ramulu, S/o Lingappa Age 56 years working as Telugu Pandit Grade ll At
ZPHS Bommanpad, Narayanapet N/andal, Narayanapet District
44. l/.Prashanthkumar, S/o tt/. Vijayaratnam Age 49 years working as Hindi
Pandit Grade ll At ZPHS Lattupally, Bijinapally lt/andal, Nagarkurnool District.
R/o Shadnagar, R.R. District.
45. K. Balaiah, S/o K. Hanumanthu Age 46 years working as Hindi Pandit Grade
ll At IUPUPS Guntipally, Gadwal fi/andal, Jogulamba Gadwal District. RJo
Gadwal, Jogulamba Gadwal District.
46. R. Aruna, D/o R. Narahari Age 53 years working as Telugu Pandit Grade ll At
ZPHS KVPT Jadchcrla, Jadcherla [/andal, Mahabubnagar District. R/o
Jadcherla, Mahabubnagar District.
47.8. Ravikumar, S/o B. Kurmaiah Age 49 years working as Hindi Pandit Grade
ll At ZPHS Koukuntla, Koukuntla Mandal, lt/ahabubnagar District.
48.G. Sandhyarani, S/o G. Janakiram Reddy Age 44 years working as Hindi
Pandit Grade ll At ZPHS Janampeta, l/oosapeta N4andal, N/ahabubnagar
District.
49. N. Varalakshmi, S/o N.Eshwaraiah Age 54 years working as Telugu Pandit
Grade ll At ZPHS Janampeta, lt/oosapeta [t/landal, fi/ahabubnagar District.
50.J. Pavankumar, S/o J. Ramulu Age 48 years working as Hindi Pandit Grade ll
At ZPHS Janampeta, [Vloosapeta Mandal, [r'lahabubnagar District.
51.K. Swamy, S/o Keshavulu Age 50 years working as Telugu pandit Grade ll At
ZPHS Koukuntla, Ka u lcu ntla-[t/andal, Nlahabubnagar District.
52.tM. Latha, D/o M. Narsimulu Age 47 years working as Hindipandit Grade ll At
ZPHS li/othigha npur, BAlnagar lrlandal, [r.4ahabubnaga r District.
53. K. Chandrakala, Dlo K. Karrenna Age 49 years working as Hindipandit Grade
ll At ZPHS Pathamolgara, Bhoothpur Nrlandal, N/ahabubnagar District.
54. R. Rajavardhan Reddy, S/o R. N/ohan reddy Age 53 years working as Telugu
pandit Grade ll At ZPHS Balijepally , Peddamandadi ltlandal, Wanaparthy
District.
55. G. Shanathareddy, D/o K. Krishnareddy Age 55 years working as
Telugupandit Grade ll At Govt HSNeMown N.4andal, lMahabubnagar District.
56. Neelimakumari, D/o Narender Age 45 years working as Telugupandit Grade ll
At UPS KothakappetaBhoothpur Mandal, Mahabubnagar District
57.M. Varalakshmi, D/o M. Lakahmaiah Age 46 years working as Telugupandit
Grade ll At ZPHS Shakapur, Addakal lVlandal, Mahabubnagar District
58. tMohd Abdul Sayeed, Sio Jabbar Age 50 years working as Hindi pandit Grade
ll At ZPHS Ramachandrapur, Sangareddy District.
59. Pujari Padmanabham, S/o Ganapathirao Age 55 years working as Hindi
pandit Grade ll At ZPHS MPUPS Kambalapally, Sangareddy District.
60. M. Shivaraj, S/o M. Dulappa Age 47 years working as Hindi pandit Grade ll At
ZPHS Nagdhar, Sangareddy District.
61. tM. Ravinder, Sio M. Dulappa Age 47 years working as Hindi pandit Grade ll
At UPS Bokkasgoan , Sangareddy District.
62.Venkateshwar, S/o Balappa Age 50 years working as Telugu pandit Grade ll
At ZPHS Gopalapet Gopalapet Mandal, Wanaparthy District
63. N.Shivaiah, S/o N. Balakistaiah Age 55 years working as Telugu pandit Grade
ll At UPS Tadiparthy Mandal, Wanaparthy District
64. K. Satyanarayanchary, S/o K. Rangachary Age 54 years working as Telugu
pandit Grade ll At ZPHS Dugineppally, Chennur Mandal, Manchiryala District
65. P. Padmavathi, D/o P. Narayana Age 45 years working as Hindi pandit Grade
ll At ZPHS Turkapally , NarayanaKhed , Sangareddy District
66. B. Ravinder Rao, S/o B. Maschinderrao Age 48 years working as Hindi pandit
Grade ll At ZPHS Karasgutti , Nagalgidda [/andal, Sangareddy District
67.|V. Vijayakumar swamy, S/o tt/.SAngaiah swamy Age 45 years working as
Hindi pandit Grade ll At ZPHS Sanjeevanraopaet , Sangareddy District
68.B.Ramesh, S/o B. Sheshathari Age 45 years working as Hindi pandit Grade ll
At ZPHS Ryalamadugu, Narayanakhed lilandal, Sangareddy District
69.K. Kishan, S/o K. fakeera Age 59 years working as Hindi pandit Grade ll At
ZPHS Abbenda Narayanakhed tVandal, Sangareddy District
70. M. Shivarudraiahswamy, S/o N/. Gurushanthaia swamy Age 50 years working
as Hindi pandit Grade ll At UPS Sulthanbad, Sirgapur Mandal, Sangareddy
District
71.K. Jayalakshmi, D/o Sammaiah Age 58 years working as Hindi pandit Grade ll
At ZPHS ltlallepally , Kondapur Mandal, Sangareddyy District
72.T. Padmavathi, D/o Balaiah Age 54 years working as Telugu pandit Grade ll
At ZPHS (G) Patancheru , Patancheru Nrlandal, Sangareddyy District
73.S. Vijayasri, D/o Dasharatharamasharma Age 52 years working as Telugu
pandit Grade 1l At ZPHS Domadugu, Sangareddyy District
74.1\A. lMalleshwarmma, D/o It4. Chennaiah Age 47 years working as Telugu
pandit Grade ll At GovtHs TD Gutta [t/. Nagar, Mahabubnagar District.
75. B. Yadamma, D/o B. Lakshmaiah Age 45 years working as Telugu pandit
Grade ll At UPS lppalapally, Mahabubnagar Mandal, Mahabubnagar District
76. Choudary Anuradha, D/o C. Ambaiah Age 54 years working as Telugu pandit
Grade ll At ZPHS Yenmangandla Nawabpeta [/andal, Mahabubnagar District
77. N. Shyamala, D/o Eashwaraiah Age 37 years working as Telugu pandit Grade
ll At UPS Bokkasgoan , Sirgapur [Vlandal, Sangareddy District
78. P. Venugopalrao, S/o P. Sitharamarao Age 59 years working as Telugu pandit
Grade Il At ZPHS Bheemaram lr/anchiryala lMandal, l\4anchiryala District
79.A. Srinivas, S/o Venkatramulu Age 51 years working as Telugu pandit Grade
ll At ZPHS(B) lVanchiryala, N/anchiryala Mandal, N/anchiryala District
80. N. Hanmanthu, S/o Eashwaraiah Age 50 years working as Hindi pandit Graoe
ll At ZPHS Parpally, Koilkonda lt/andal, l/ahabubnagar District
81. R. Umadevi, D/o R. Mallanna Age 53 years working as Telugu pandit Grade ll
At ZPHS Karmanghat, Saroornagar Mandal, Rangareddy District
82.lVushetty Balaram, S/o tMushetty Narayana Age 48 years working as Telugu
pandit Grade ll At TMPUPS Arutla, Kandi lMandal, Sangareddy District
83.T.Satyanarayana, S/o. Kondaiah, Age 55 Years, Working as Telugu Pandit
Grade-l l, U.P.S. Singhapur, Nasapur [\tlandal, Mancheriyala District.
84.C.Renuka, D/o. C.Ambaiah, Age 52 Years, Working as Telugu Pandit Grade-
ll, U.P.S. Lingamdana, Keshampet Mandal, Rangareddy District.
85. tr/ohd Abdullah, S/o. Mohd Ahmedullah, Age 44 Years, Working as Hindi
Pandit Grade-ll, U.P.S. Amdoor, Jinnaram l/andal, Sanga Reddy District.
86.A. N/allikarjun, S/o A. Govindu Age 56 years, Working as Telugu Pandit Grade
Il At ZPHS Bonkur , Undavelly Mandal, Jogulamba Gadwal District.
87.P. Laxmaiah, S/o P. Ramakrishnaiah Age 55 years working as Telugu Pandit
Grade Il At UPS lt/aaramunagala2, Undavelly [/andal, Jogulamba Gadwal
District.
88.8. Suneethi, D/o B. Buchanna Age 43 years working as Telugu Pandit Grade
ll At ZPHS Jallapuram , ltikyala Mandal, Jogulamba Gadwal District.
89.V. Padmavathi, D/o V. Chennakeshavulu Age 52 years working as Telugu
Pandit Grade ll At ZPHS Kyathur , Alampur lt/andal, Jogulamba Gadwal
District.
90.K. Kalyani, D/o K. Veeresh Age 47 years working as Telugu Pandit Grade ll
At ZPHS Shanthinagar, Waddepally Nrlandal, Jogulamba Gadwal District.
9'1. tM. tVadhavilatha, D/o [V]. Veerabhadraiah Age 42 years working as Telugu
Pandit Grade ll At UPS Kalugotla, Jogulamba Gadwal District.
Petitioners
AND

1. National Council for Teacher Education (NCTE), Rep. through Member

Secretary, Hans Bhavan, Wing-ll, '1, Bahadur Shah Za'far [/arg, New Delhi.
2. The State of Telangana, Rep. by its Principal Secretary, School Education
Department, Dr. B. R.Ambedkar Secretariat, Hyderabad.
3. The Commissioner and Director of School Education, Saifabad, Hyderabad.
4. The District Educational Officer, Mahabubnagar, [/ahabubnagar District.
5. The District Educational Officer, Kamareddy, Kamareddy District.
6. The District Educational Officer, Yadadri Bhuvanagiri, Yadadri Bhuvanagiri
District.
7. The District Educational Officer, [/edak, tvledak District.
B. The District Educational Officer, Nagakurnool, Nagarkurnool District.
9. The District Educational Officer, Narayanapet, Narayanapet District.
'10.The District Educational Officer, Ranga Reddy, Ranga Reddy District.
11.The District Educational Officer, Jogulamba Gadwal, Jogulamba Gadwal
District.
1 2.The District Ed ucational Officer, Wanapa rthy, Wana pa rthy District.
1 3.The District Educational Officer, Sangareddy, Sangareddy District.
'l 4. The District Educational Officer, il/ancherial, [t/ancherial District.

Respondents
 WHEREAS the Petitioner above named through their Advocate Sri
SRINIVASA RAO MADIRAJU presented this Petition under Article 226 of the
Constitution of lndia praying that in the circumstances stated in the affidavit filed
therewith, the High Court may be pleased to issue a writ order or direction especially
one in the nature of writ of mandamus declaring that a) Petitioners being appointed
as Language Pandits before 2010, are entitled to be promoted as School Assistants
in their respective subjects basing on their seniority and eligibility without insisting for
qualification of pass in Teacher Eligibility Test. b) Further declare that action of the
respondents in not promoted the petitioners as School Assistants on the ground that
petitioners do not possess the qualification of Teachers Eligibility Test is illegal and
arbitrary and discriminatory and contrary to NCTE Regulations 2010 and 2014 and
therefore violative of Article 14 8E, 16 of the Constitution of lndia.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri SRINIVASA RAO IUADIRAJU
Advocate for the Petitioner, Mr. N. Avaneesh, learned Standing Counsel takes notice
on behalf of respondent No,1 and Learned Government Pleader for Services takes
notice on behalf of official respondents Heard Sri tt/. Surender Rao, learned Senior
Counsel, representing Mr. Srinivasa Rao Madiraju, learned counsel for petitioners in
W.P.No.10903 of 2024 directed issue of notice to the Respondents herein to show
cause as to why this WRIT PETITION should not be admitted.

You viz:
1. The Member Secretary, National Council for Teacher Education (NCTE),
Hans Bhavan, Wing-ll, 1, Bahadur Shah Zafar [t/arg, New Delhi.
2. The Principal Secretary, State of Telangana, School Education Department,
Dr.B.R.Ambedkar Secretariat, Hyderabad.
3. The Commissioner and Director of School Education, Salfabad, Hyderabad.
4. The District Educational Officer, [t/ahabubnagar, [r/ahabubnagar District.
5. The District Educational Officer, Kamareddy, Kamareddy District.
6. The District Educational Officer, Yadadri Bhuvanagiri, Yadadri Bhuvanagiri
District.
7. The District Educational Officer, Medak, tt/edak District.
B. The District Educational Officer, Nagakurnool, Nagarkurnool District.
L The District Educational Officer, Narayanapet, Narayanapet District.
10.The District Educational Officer, Ranga Reddy, Ranga Reddy District.
11.The District Educational Officer, Jogulamba Gadwal, Jogulamba Gadwal
District.
12.T|rc District Educational Officer, Wanaparthy, Wanaparthy District.
1 3. The District Educational Officer, Sangareddy, Sangareddy District.
1 4. The District Educational Officer, lt/ancherial, [Mancherial District.

are directed to show cause on or before 02.07.2024 to which date the case stands
posted as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed)this WRIT PETITION should not be admitted.

lA NO: 1 OF 2024

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 direct the
respondents to consider the case of the Tretitioners for promotion as School
Assistants basing on their seniority and eligibility, without insisting for qualification of
pass in Teachers Eligibility Test, pending disposal of WP No. 10903 of 2024, on the
file of the High Court.

WRIT PETITION NO: 11877 OF 2024

Between:
1. Rashtriya Upadhyaya Pandita Parishad, Rep. by its President Mohd. Abdullah
S/o. Mohd. Babu Miya, Aged 55 years, R/o. 12-11-831134, Warasiguda,
Secunderabad, T.S.
2. Dr, S.Vijaya Bhaskar, S/o. late S.Vittal Rao Aged 52 years, Occ. Language
Pandit Gr-ll (Telugu) Govt. High School, Afzalgunj, Hyderabad.
3. Gantyala Prasad, S/o. G.Narayana Aged 54 years, Occ. Language Pandit
(Telugu) ZPHS, Gungili (M) Makloor, Nizamabad District
4. Narla Arun Kumar, S/o. RajashekarAged 47 years, Occ. Language Pandit Gr-
ll (Hindi) MPUSP, Banda Ranjal, T.S.
Petitioners
AND

1. National Council for Teacher Education NCTE, Rep through tMember

Secretary Hans Bhavan Wing ll Bahadur Shah Zafar Marg New Delhi
2. The State of Telangana, Rep by its Principal Secretary School Education
Department Dr B R Ambedkar Secretariat Hyderabad
3. The Commissioner, and Director of School Education Saifabad, Hyderabad
4. The District Educational Office, Hyderabad, Hyderabad District.
5. The District Educational Officer, Kamareddy, Kamareddy District

Respondents

WHEREAS the Petitioner above named through their Advocate Smt G UIVA
RANI presented this Petition under Article 226 of the Constitution of lndia praying
that in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate Writ order or orders direction, more particularly one
in the nature of Writ of lt/andamus declaring the a) Petitioners being appointed as
Language Pandits before 2010, are entitled to be promoted as School Assistants in
their respective subjects basing on their seniority and eligibility without insisting for
qualification of pass in Teacher Eligibility Test. b) Further declare that action of the
respondents in not promoted the petitioners as School Assistants on the ground that
petitioners do not possess the qualification of Teachers Eligibility Test is illegal
andarbitrary and discriminatory and contrary to NCTE Regulations 2010 and 2014
and therefore violative of Article 14 and 16 of the Constitution of lndia.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Smt. G UIUA RANI Advocate for the
Petitioner, Heard Sri t\il. Surender Rao, learned Senior Counsel,
representingSmt.G.Uma Rani, tt/r. N. Avaneesh, learned Standing Counsel takes
notice on behalf of respondent No.1 and Learned Government Pleader for Services
takes notice on behalf of official respondents learned counsel for petitioners in
W.P.No.1 1877 of 2024 directed issue of notice to the Respendents herein to show
cause as to why this WRIT PETITION should not be admitted.

You viz:
1. The Member Secretary National Council for Teacher Education NCTE, Hans
Bhavan Wing ll Bahadur Shah Zafar N/arg New Delhi
2. The Principal Secretary, State of Telangana, School Education Department Dr
B R Ambedkar Secretariat Hyderabad
3. The Commissioner, and Director of School Education Saifabad, Hyderabad
4. The District Educational Office, Hyderabad, Hyderabad District.
5. The District Educational Officer, Kamareddy, Kamareddy District
are directed to show cause on or before 02.07.2024 which date the case stands
posted as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted.

lA NO: 1 OF 2024

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 direct
the respondents to consider the case of the petitioners for promotion as School
Assistants basing on their seniority and eligibility, without insisting for qualification of
pass in Teachers Eligibility Test pending disposal of WP No. 11877 o'f 2024, on the
file of the High Court.

The Court made the following: ORDER

Notice before admission.

Mr. N. Avaneesh, learned Standing Counsel takes notice on behalf of
respondent No.1 and Learned Government Pleader for Services takes notice
on behalf of official respondents and seeks time to file counter-affidavit.

Heard Sri M. Surender Rao, learned Senior Counsel, representing Mr.

Srinivasa Rao Madiraju, learned counsel for petitioners in W.P.No.10903 of
2024 and Smt.G.Uma Rani, learned counsel for petitioners in W.P.No.11877 of
2024.
Learned Senior Counsel submits that all the petitioners were appointed
between 2000 and 2005 as Language Pandits, Grade-ll and they are eligible
and entitled to be promoted to the post of School Assistants in the relevant
subjects.
The learned Senior Counsel, by placing reliance on paragraph No.4 of
Notification dated 23.8.2010 issued by NCTE, submits that the Teachers
appointed prior to the date of this notification i.e. 23.8.2010, need not to
acquire* the minimum qualifications specified in the said notification.
Therefore, petitioners who are appointed between 2000 and 2005 are exempted
from passing of Teacher Eligibility Test Examination to get promotion to the
higher post as per G.O.Ms.No.36 School Education (Training) Dept. dated
23.12.2015 issued by respondent No.2.

Learned Government Pleader, on instructions, submits that in a similar

case i.e., W.P.No.26915 of 2023, dated 27.09.2023, this Court passed the
following order:

"However, this Court finds that in this writ petition, the petitioner is
challenging the principle adopted by the respondents in preparing the
seniority list of all the candidates for promotion including the candidates, who
did not possess the qualification as per NCTE regulation. The rules relied upon
by the learned Government Pleader are of the year 2009, whereas NCTE
regulations have come in the year 2010/2011. Therefore, NCTE guidelines are
binding on the State and the State would have to follow the NCTE guidelines
for preparing the seniority list.
ln view of the same, the respondents are directed to affect the
promotions to the post of Schoo/ Assrstant, strictly in accordance with NCTE
regulations, pending further orders from this Court.
List this matter on 01.11.2023, for counter of respondents."

A perusal of G.O.Ms.No.36 School Education (Training) Department

dated 23.12.2015, makes it clear that the Teachers who were appointed before
NCTE notification dated 23.8.2010 are exempted from appearing for TET. The
relevant paragraph No.l2 of the said G.O. reads as under:

,.EXEMPTION FROM
PASSING TET:
Teachers who were appointed before NCTE notification dated
23.8.2010 by the Competent Authority in GovernmenUlocal Authority
as per recruitment Rules prevalent at that time are exempted from
appearing for TET. However, Teachers working in Private Schools
whose appointments were not approved by the competent authority are
not exempted from passing TET. such Teachers of Private Unaided
Schools shall appear for TET conducted by either the state
Government or Central Government. ln respect of non-approved
Teachers working in Private Aided Schools, they shall invariably
appear for TET conducted by the State Government only,,.
 ln a simitar issue, the Division Bench of Allahabad High Court in
W.A.No.2879 of 2024 and batch while extracting the following from the affidavit
filed by NCTE;

"3. That NCTE in exercise of powers under Sub-section (1) of Section 23

of the RTE Act vide notification dated and 29.07.2011 has
23.08.2010
prescribed minimum qualification for appointment as teacher for
classes 1 to 8. That vide fhese notifications passing the Teacher
Eligibility Test conducted by the appropriate government in accordance
with the guidelines framed by the NCTE is one of the criteria of
becoming Teachers for classes 1 to 8. That the criteria for the purpose
of promotion of the Assistant Teacher has also been prescribed by the
NCTE in these notifications. A copy of these notifications 23,08.2010
and 29.07.2011 is being filed herewith and marked as Annexure-SCA-l &
2 to this affidavit.
4. That the NCTE in exercise of the powers conferred under Clause
(dd) of sub-secfion (2) of section 32 read with section 12A of the NCTE
Act 1993 framed the National Council for Teacher Education
(Determination of Minimum Qualifrcation for Persons fo he recruifed as
Education teachers and Physical Education teachers in Pre-primary,
Primary, Upper Primary, Secondary, Senior Secondary or lntermediate
Schoo/s or Colleges) Regu/ations, 2014.
That rule a@) of the Regulations 2014 prescribed criteria for promotion
which is quoted below -
'4(b). For Promotion of teachers the relevant minimum
qualifications as specified in the first and second schedule(s) are
applicable for consideration from one level to the next level.'
5. That the Clause 3 of First Schedule of NCTE Regulations 2014 that
minimum qualification as laid down by the NCTE Notification dated
23.08.2010 as time to time amended is applicable.
6. That clause 4 of NCTE Regulations dated 23.08.201Q states as
follows:
Teacher Appointed before the date of this Notification :- The following
categories of teachers appointed for classes I to Vlll prior to date of this
Notification need not acquire the minimum qualifications specified in
Para (1) above, :
a. A teacher appointed on or after the-{d Sepfember, 2001 i.e., the date on
which the NCTE (Determination of Teachers in Schools,) Regulations,
2001 (as amended from time to time) came into force, in accordance
'Withthat Regulation.

Provided that a teacher of c/ass I to V possessing B.Ed qualification, or

a teacher possessrng B.Ed (Special Education) or D.Ed (Special
Education) qualification shall undergo an NCTE recognized 6-month
special programme on elementary on elementary education.
b. A teacher of c/ass lto V with B-Ed qualification who has completed a 6-
month special Basic Teacher Course (Special BTC) approved by the
NCTE.
c. A teacher appointed before the {d Sepfember, 2007, in accordance with
the prevalent Recruitment Rules"

clarified that (a) Appointees before notification dated 23.8.2010 does not
mandatorily require to pass TET and their promotion be considered
whether they have passed TET or not?
(b) So far as appointees subsequent to 23.8.2010 are concerned, their
promotion shall be considered if they are passed TET Primary or TET
Upper, as the case may be.
(c) Aforesaid exercise of promotion be concluded expeditiously,
preferably within six months from today, if there is no legat
impediment."

ln view of the above, this Court is of the view that the petitioners have
made out a prima facie case for grant of interim order. There is a force in the
contention of the petitioners.
Therefore, respondents are directed to consider the case of the
petitioners for promotion to the post of School Assistants in their respective
subjects without insisting for passing of Teacher Eligibility Test (TET)
Examination, as and when promotions takes place.

Post the writ petitions on 2.7.2024.

\
.i i

SD/-ViOIIL}. ISMAIiii I
ASSISTINTIiEGISTRAIT,
i

ITRUE COPY'

SECTION FFICER

To,
1. The lVember Secretary, National Council for Teacher Education (NCTE),
Hans Bhavan, Wing-ll, 1, Bahadur Shah Zafar N/arg, New Delhi.
2. The Principal Secretary, State of Telangana, School Education Department,
Dr. B. R.Ambed kar Secretariat, Hyderabad.
3. The Commissioner and Director of School Education, Saifabad, Hyderabad.
4. The District Educational Officer, ltilahabubnagar, lt/ahabubnagar District.
5. The District Educational Officer, Kamareddy, Kamareddy District.
6. The District Educational Officer, Yadadri Bhuvanagiri, Yadadri Bhuvanagiri
District.
7. The District Educational Officer, Medak, tt/edak District.
8. The District Educational Officer, Nagakurnool, Nagarkurnool District.
9. The District Educational Officer, Narayanapet, Narayanapet District.
10.The District Educational Officer, Ranga Reddy, Ranga Reddy District.
11.The District Educational Officer, Jogulamba Gadwal, Jogulamba Gadwal
District.
1 2.T he District Ed ucational Officer, Wana pa rthy, Wa na pa rthy District.

1 3. The District Educational Officer, Sangareddy, Sangareddy District.

1 4. The District Educational Officer, [Mancherial, N/ancherial District.

15.The District Educational Office, Hyderabad, Hyderabad District.

(FOR ADRESSES 1 TO 15 by RPAD- along with a copy of petition and
affidavit)
16.One CC to SRl. SRINIVASA RAO IMADIRAJU Advocate [OPUC]
17.One CC to SIVT. c UMA RANI Advocate IOPUC]
18.Two CCs to cP FOR SERVICES, High Court at Hyderabad (OUT)
19.One spare copy
HIGH COURT

PKJ

DATED:01 10512024

POST ON 02.07.2024

NOTICE BEFORE ADMISSION

WP.No.10903 of 2024
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wP NO.11877 0F 2024

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