W.P.No.23487 of 2025 DSC 2025 Candidates SA/TGT/PGT/ SGT Preferences Case High Court Judgement Case
W.P.No.23487 of 2025 DSC 2025 Candidates SA/TGT/PGT/ SGT Preferences Case
W.P.No.23487 of 2025
ORDER:
In the present writ petition, the Petitioners are questioning the non-consideration of their case for selection and appointment as School Assistants (SA) though they were qualified pursuant to notification No.01/Mega-DSC-TRC-1/2025 dated 20.04.2025 as illegal and arbitrary.
3. Background facts: A notification being No.01/Mega-DSC TRC-1/2025 dated 20.04.2025 was issued by Respondent No.2, wherein applications were invited for recruitment to the post of School Assistants (SA) and Secondary Grade Teachers (SGT) under various managements and also for the Trained Graduate Teachers (TGTs-Special Education), Secondary Grade Teachers (Special Education) and Physical Education Teachers (PET) in the department for the Welfare of Differently Abled Schools in the State.
4. The Petitioners having requisite qualifications appeared for the examination for the posts of School Assistant (SA) and Secondary Grade Teachers. In both the categories, the Petitioners stood in the merit list and are likely to be considered in open category i.e. Secondary Grade Teachers (SGT) as well as School Assistant (SA).
5. After certificate verification, the Petitioners were informed that as per the order of preferences opted, they are eligible for appointment as Secondary Grade Teachers only but not as School Assistants (SA). Hence, the present writ petition is filed.
6. Heard Sri. G.V.S.Kishore Kumar, learned counsel for the Petitioners and learned Government Pleader for Services-I for the Respondents.
7. Contentions: Learned counsel for the Petitioners submits that the post of School Assistant (SA) is a promotional post to the post of Secondary Grade Teacher (SGT) and the Petitioners should be considered for appointment as School Assistants (SA) and their selection should not be rejected only on the ground that they have initially preferred Secondary Grade Teacher (SGT) in the order of preferences at the time of applications.
ORDER:
In the present writ petition, the Petitioners are questioning the non-consideration of their case for selection and appointment as School Assistants (SA) though they were qualified pursuant to notification No.01/Mega-DSC-TRC-1/2025 dated 20.04.2025 as illegal and arbitrary.
3. Background facts: A notification being No.01/Mega-DSC TRC-1/2025 dated 20.04.2025 was issued by Respondent No.2, wherein applications were invited for recruitment to the post of School Assistants (SA) and Secondary Grade Teachers (SGT) under various managements and also for the Trained Graduate Teachers (TGTs-Special Education), Secondary Grade Teachers (Special Education) and Physical Education Teachers (PET) in the department for the Welfare of Differently Abled Schools in the State.
4. The Petitioners having requisite qualifications appeared for the examination for the posts of School Assistant (SA) and Secondary Grade Teachers. In both the categories, the Petitioners stood in the merit list and are likely to be considered in open category i.e. Secondary Grade Teachers (SGT) as well as School Assistant (SA).
5. After certificate verification, the Petitioners were informed that as per the order of preferences opted, they are eligible for appointment as Secondary Grade Teachers only but not as School Assistants (SA). Hence, the present writ petition is filed.
6. Heard Sri. G.V.S.Kishore Kumar, learned counsel for the Petitioners and learned Government Pleader for Services-I for the Respondents.
7. Contentions: Learned counsel for the Petitioners submits that the post of School Assistant (SA) is a promotional post to the post of Secondary Grade Teacher (SGT) and the Petitioners should be considered for appointment as School Assistants (SA) and their selection should not be rejected only on the ground that they have initially preferred Secondary Grade Teacher (SGT) in the order of preferences at the time of applications.
Learned counsel further contended that the Petitioners being more meritorious should be given the choice of choosing the post of School Assistant (SA) rather than considering their case to the appointment to the cadre of Secondary Grade Teacher. Learned counsel further contended that tests for both the posts were separately conducted i.e. on 16.06.2025 for School Assistants and 19.06.2025 Secondary Grade Teachers and fees for both the applications was paid separately and therefore, Rule 10 of G.O.Ms.No.15 School Education (Services-I) Department dated 19.04.2025 would not be applicable to the present case.
8. Learned Government Pleader would submit that as per the Rules governing the recruitment to the posts of School Assistants(SA) / Secondary Grade Teachers, Rules were framed for recruitment to the post of School Assistant(SA) / Secondary Grade Teachers among other posts vide G.O.Ms.No.15 School Education (Services-I) Department dated 19.04.2025 under Article 309 of the Constitution of India called A.P.Teacher Recruitment Test (AP TRT) Rules for the posts of School Assistant (SA),Secondary Grade Teachers (SGT), Trained Graduate Teacher (TGT-Special education in Special Schools), Secondary Grade Teachers (SGT-Special education in Special Schools) and Trained Graduate Teacher (TGT), Physical Education Teachers (PETs) scheme of Selection Rules, 2025 (for short „the AP TRT‟ Rules). Learned Government Pleader would further submit that as per Rule 10 of the said Rules, the candidates aspiring for the post should submit their options and the order of preference chosen by the candidates cannot be altered. It is also submitted that unless the Rules are changed, the candidature of Petitioners for the post of School Assistants (SA) cannot be considered.
9. Reasoning: The posts of Secondary Grade Teachers (SGT) and School Assistants (SA) are governed by Andhra Pradesh School Educational Subordinate Service Rules framed in exercise of powers conferred by Sections 78 and 99 of the Andhra Pradesh Education Act, 1982 and proviso to Article 309 of the Constitution of India for the posts of Teachers in Government Schools, Teachers in Mandal Praja Parishad and Zilla Praja Parishad Schools in Andhra Pradesh vide G.O.Ms.No.11 and 12 School Education (Ser.II) Department dated 23.01.2009.
10. As per the said Rules, the posts of School Assistants (SA) are to be filled by direct recruitment or by promotion. The Post of Secondary Grade Teachers (SGT) is one of the cadres for promotion to the post of School Assistant (SA).
11. To bring the uniformity in the recruitment process, the Respondent No.1-State vide G.O.Ms.No.15 School Education (Services-I) Department dated 19.04.2025 framed Rules in exercise of powers conferred by Article 309 of the Constitution of India r/w sub section (3) and (4) of Section 169, Sub-sections (3) and (4) of Section 195 and Section 243 of the Andhra Pradesh Panchayat Raj Act called Andhra Pradesh Teacher Recruitment Test (AP TRT) Rules, 2025.
12. Under these Rules, the recruitment can be made for the post of School Assistants (SA), Secondary Grade Teachers (SGT) in Government, Zilla Parishad, Mandal Parishad, Municipality Schools, Municipal Corporation Schools, Tribal Welfare Ashram Schools and for the posts Secondary Grade Teachers (SGT) and Physical Education Teachers (PET) in the Juvenile Welfare Department Schools and for the posts of Trained Graduate Teachers (TGT-Special Education), Secondary Grade Teachers (SGT-Special Education) and Physical Education Teachers (PRT) in the Department for the Welfare of Differently Abled Schools in the State.
12. The bone of contention in these cases is the interpretation and understanding of Rule 10 of the AP TRT Rules and the same reads as under:
10. SUBMISSION OF APPLICATION FORMS:
(i) Candidates who are qualified and intending to apply for posts notified in respect of any district shall submit online application as per prescribed procedure.
(ii) Candidates who submit false/fake information in online application form shall be liable for criminal prosecution besides rejection of the application or cancellation of selection, as the case may be.
(iii) Management wise and Post wise Option: Since, the notification is issued including the vacant teacher posts under different managements run by the government, the candidates applying for the posts should mandatorily follow the below procedure:-
a) The candidates can apply for more than one post under different managements as per his eligibility.
b) If a candidate intends to apply for more than one post, he/she must indicate the order of preference for the posts at the time of submitting the application.
For example: If a candidate is applying for multiple positions such as School Assistant(SA) (Physics), Trained Graduate Teacher (TGT), and School Assistant(SA) (Mathematics), they should clearly specify their preferences in a sequential order — e.g., 1st preference: School Assistant(SA) (Physics), 2nd preference: TGT, 3rd preference:
School Assistant(SA) (Mathematics). This order of preference will be considered during the selection and allotment process, and once submitted, it cannot be changed.
c) The Options exercised in the online application, shall be final.
d) The allotment of posts to the selected candidates shall be made subject to merit cum roster, and vacancy position.
e) If a candidate applied for more than one post and comes under zone of selection of different posts / managements, he/she will be selected as per the priority option exercised by the candidate 38 at the time of application submission. And his/her name will not be considered for remaining posts selection.
f) Once a candidate is selected for a post based on the given order of preference, he/she will forfeit the opportunity to be considered for the remaining posts or managements. Accordingly, the candidate's name will be automatically removed from all other selection lists for which he/she had applied. This ensures that each selected candidate is allotted only one post, as per the declared preference.
g) Candidates are advised to exercise their option with extreme caution while selecting their order of preferences for posts / managements.
h) The candidate must personally complete all sections of the application form and thoroughly review the information before submission.
i) Once application is submitted, the same shall be final and no option for editing the application.
j) The candidate will be solely responsible for the accuracy of the information provided.
12. The above quoted Rule contemplates that at the time of application, the candidate applying for more than one post in different management should exercise options and options exercised by the candidate shall be final.
13. The question to be addressed is whether the above Rule is applicable when posts applied by the candidate are feeder category posts and promotional posts i.e SGT and SA in the same application?
14. Before addressing this issue, it is to be noted that the Petitioners have paid a separate application fee and a separate examination was conducted for SA and SGT posts on different dates i.e on 16.06.2025 and 19.06.2025 respectively.
15. Firstly, as mentioned above, the SGT post is a feeder category to SA, as per the Andhra Pradesh School Educational Subordinate Service Rules. It would be odd to say that even in such cases, the Rule 10 of the AP TRT Rules would be applicable in full force when the order of preference includes feeder post and promotional post at the time of application. The applicability of Rule 10 of the AP TRT Rules in such cases would lead to an anomalous situation where the lesser meritorious are being considered for appointment for the post of SA only on the fortuitous ground that they had preferred the post in the order of preference at the time of application. The candidates like the Petitioners having secured better marks in the examination and more meritorious for the post of SA, still would have to work in the feeder cadre post of SGT only on account of misfortune of order of preference. This irony is that this oddity continues all through the career.
16. In understanding the provisions of law, it is to be noted that it would not be possible at the time of Rule making, all the consequences of every Rule and therefore Courts should endeavour to avoid absurdity on plain reading of Rule. This was the view of the Hon'ble Supreme Court in H.S. Vankani v. State of Gujarat1. After referring to precedents, it was held at paragraph 48 as under:
“48. The above legal principles clearly indicate that the Courts have to avoid a construction of an enactment that leads to an unworkable, inconsistent or impracticable results, since such a situation is unlikely to have been envisaged by the rule-making authority. The rule-making authority also expects rule framed by it to be made workable and never visualises absurd results. ”
17. Therefore, the Rule 10 of the AP TRT Rules, 2025 cannot be made applicable vis-a-vis the posts of SGT and SA. It is made clear that order of preferences for the respective posts in the application would be binding on the applicants.
18. Secondly, the other way of looking at Rule 10 of the AP TRT Rules is that the very Rule does not consider it to be applicable to the posts of SGT and SA. This is apparent on reading of the example to Rule 10(iii) (b) of the AP TRT Rules as extracted supra. For easy reference, the example is extracted below;
For example:
8. Learned Government Pleader would submit that as per the Rules governing the recruitment to the posts of School Assistants(SA) / Secondary Grade Teachers, Rules were framed for recruitment to the post of School Assistant(SA) / Secondary Grade Teachers among other posts vide G.O.Ms.No.15 School Education (Services-I) Department dated 19.04.2025 under Article 309 of the Constitution of India called A.P.Teacher Recruitment Test (AP TRT) Rules for the posts of School Assistant (SA),Secondary Grade Teachers (SGT), Trained Graduate Teacher (TGT-Special education in Special Schools), Secondary Grade Teachers (SGT-Special education in Special Schools) and Trained Graduate Teacher (TGT), Physical Education Teachers (PETs) scheme of Selection Rules, 2025 (for short „the AP TRT‟ Rules). Learned Government Pleader would further submit that as per Rule 10 of the said Rules, the candidates aspiring for the post should submit their options and the order of preference chosen by the candidates cannot be altered. It is also submitted that unless the Rules are changed, the candidature of Petitioners for the post of School Assistants (SA) cannot be considered.
9. Reasoning: The posts of Secondary Grade Teachers (SGT) and School Assistants (SA) are governed by Andhra Pradesh School Educational Subordinate Service Rules framed in exercise of powers conferred by Sections 78 and 99 of the Andhra Pradesh Education Act, 1982 and proviso to Article 309 of the Constitution of India for the posts of Teachers in Government Schools, Teachers in Mandal Praja Parishad and Zilla Praja Parishad Schools in Andhra Pradesh vide G.O.Ms.No.11 and 12 School Education (Ser.II) Department dated 23.01.2009.
10. As per the said Rules, the posts of School Assistants (SA) are to be filled by direct recruitment or by promotion. The Post of Secondary Grade Teachers (SGT) is one of the cadres for promotion to the post of School Assistant (SA).
11. To bring the uniformity in the recruitment process, the Respondent No.1-State vide G.O.Ms.No.15 School Education (Services-I) Department dated 19.04.2025 framed Rules in exercise of powers conferred by Article 309 of the Constitution of India r/w sub section (3) and (4) of Section 169, Sub-sections (3) and (4) of Section 195 and Section 243 of the Andhra Pradesh Panchayat Raj Act called Andhra Pradesh Teacher Recruitment Test (AP TRT) Rules, 2025.
12. Under these Rules, the recruitment can be made for the post of School Assistants (SA), Secondary Grade Teachers (SGT) in Government, Zilla Parishad, Mandal Parishad, Municipality Schools, Municipal Corporation Schools, Tribal Welfare Ashram Schools and for the posts Secondary Grade Teachers (SGT) and Physical Education Teachers (PET) in the Juvenile Welfare Department Schools and for the posts of Trained Graduate Teachers (TGT-Special Education), Secondary Grade Teachers (SGT-Special Education) and Physical Education Teachers (PRT) in the Department for the Welfare of Differently Abled Schools in the State.
12. The bone of contention in these cases is the interpretation and understanding of Rule 10 of the AP TRT Rules and the same reads as under:
10. SUBMISSION OF APPLICATION FORMS:
(i) Candidates who are qualified and intending to apply for posts notified in respect of any district shall submit online application as per prescribed procedure.
(ii) Candidates who submit false/fake information in online application form shall be liable for criminal prosecution besides rejection of the application or cancellation of selection, as the case may be.
(iii) Management wise and Post wise Option: Since, the notification is issued including the vacant teacher posts under different managements run by the government, the candidates applying for the posts should mandatorily follow the below procedure:-
a) The candidates can apply for more than one post under different managements as per his eligibility.
b) If a candidate intends to apply for more than one post, he/she must indicate the order of preference for the posts at the time of submitting the application.
For example: If a candidate is applying for multiple positions such as School Assistant(SA) (Physics), Trained Graduate Teacher (TGT), and School Assistant(SA) (Mathematics), they should clearly specify their preferences in a sequential order — e.g., 1st preference: School Assistant(SA) (Physics), 2nd preference: TGT, 3rd preference:
School Assistant(SA) (Mathematics). This order of preference will be considered during the selection and allotment process, and once submitted, it cannot be changed.
c) The Options exercised in the online application, shall be final.
d) The allotment of posts to the selected candidates shall be made subject to merit cum roster, and vacancy position.
e) If a candidate applied for more than one post and comes under zone of selection of different posts / managements, he/she will be selected as per the priority option exercised by the candidate 38 at the time of application submission. And his/her name will not be considered for remaining posts selection.
f) Once a candidate is selected for a post based on the given order of preference, he/she will forfeit the opportunity to be considered for the remaining posts or managements. Accordingly, the candidate's name will be automatically removed from all other selection lists for which he/she had applied. This ensures that each selected candidate is allotted only one post, as per the declared preference.
g) Candidates are advised to exercise their option with extreme caution while selecting their order of preferences for posts / managements.
h) The candidate must personally complete all sections of the application form and thoroughly review the information before submission.
i) Once application is submitted, the same shall be final and no option for editing the application.
j) The candidate will be solely responsible for the accuracy of the information provided.
12. The above quoted Rule contemplates that at the time of application, the candidate applying for more than one post in different management should exercise options and options exercised by the candidate shall be final.
13. The question to be addressed is whether the above Rule is applicable when posts applied by the candidate are feeder category posts and promotional posts i.e SGT and SA in the same application?
14. Before addressing this issue, it is to be noted that the Petitioners have paid a separate application fee and a separate examination was conducted for SA and SGT posts on different dates i.e on 16.06.2025 and 19.06.2025 respectively.
15. Firstly, as mentioned above, the SGT post is a feeder category to SA, as per the Andhra Pradesh School Educational Subordinate Service Rules. It would be odd to say that even in such cases, the Rule 10 of the AP TRT Rules would be applicable in full force when the order of preference includes feeder post and promotional post at the time of application. The applicability of Rule 10 of the AP TRT Rules in such cases would lead to an anomalous situation where the lesser meritorious are being considered for appointment for the post of SA only on the fortuitous ground that they had preferred the post in the order of preference at the time of application. The candidates like the Petitioners having secured better marks in the examination and more meritorious for the post of SA, still would have to work in the feeder cadre post of SGT only on account of misfortune of order of preference. This irony is that this oddity continues all through the career.
16. In understanding the provisions of law, it is to be noted that it would not be possible at the time of Rule making, all the consequences of every Rule and therefore Courts should endeavour to avoid absurdity on plain reading of Rule. This was the view of the Hon'ble Supreme Court in H.S. Vankani v. State of Gujarat1. After referring to precedents, it was held at paragraph 48 as under:
“48. The above legal principles clearly indicate that the Courts have to avoid a construction of an enactment that leads to an unworkable, inconsistent or impracticable results, since such a situation is unlikely to have been envisaged by the rule-making authority. The rule-making authority also expects rule framed by it to be made workable and never visualises absurd results. ”
17. Therefore, the Rule 10 of the AP TRT Rules, 2025 cannot be made applicable vis-a-vis the posts of SGT and SA. It is made clear that order of preferences for the respective posts in the application would be binding on the applicants.
18. Secondly, the other way of looking at Rule 10 of the AP TRT Rules is that the very Rule does not consider it to be applicable to the posts of SGT and SA. This is apparent on reading of the example to Rule 10(iii) (b) of the AP TRT Rules as extracted supra. For easy reference, the example is extracted below;
For example:
If a candidate is applying for multiple positions such as School Assistant(SA) (Physics), Trained Graduate Teacher (TGT), and School Assistant(SA) (Mathematics), they should clearly specify their preferences in a sequential order — e.g., 1st preference: School Assistant(SA) (Physics), 2nd preference: TGT, 3rd preference: School Assistant(SA) (Mathematics). This order of preference will be considered during the selection and allotment process, and once submitted, it cannot be changed.
19. The above example was provided while explaining the order of preference. In the example, the posts of School Assistant (SA) (Physics), Trained Graduate Teacher (TGT), and School Assistant (SA) (Mathematics) were only referred to. As mentioned supra, the SA post is governed by A.P.School Educational Subordinate Service Rules, 2009 framed vide G.O.Ms.No.11 and 12 dated 23.01.2009.
20. The promotions to the post of Trained Graduate Teachers (TGT) is governed by A.P.Model School Principals and Teachers Service Rules, 2012 and similar other Rules. The recruitment to the post of Trained Graduate Teacher (TGT) is governed by Andhra Pradesh Teacher Recruitment Test (AP TRT) Rules for the posts of Principals, Post Graduate Teachers (PGTs), Trained Graduate Teachers (TGTs), Physical Directors (PDs) and Physical Education Teachers (PET) Scheme of Selection Rules, 2025 ( for short „AP TRT 2025 Rules‟ ) issued vide G.O.Ms.No.16 dated 19.04.2025 under proviso to Article 309 of the Constitution of India and the selected individuals are appointed to Model Schools, Residential Schools etc.
21. The Trained Graduate Teachers forms a distinct cadre and class with its own promotional avenues and the recruitment for the posts is governed by the above Rules.
22. The multiple positions and the order of preference referred in Rule 10 of the AP TRT Rules is to be understood as being applicable to distinct cadre and class of posts governed by independent Rules governing qualifications, eligibility and promotional avenues and not to the same cadre and class of posts i.e SGT and SA.
23. Thirdly, in the recruitment process, the attempt should be to recruit more meritorious rather than recruiting less meritorious merely because the same would be easier. It is to be noted that ideally, the order of preference should be sought after the results so that the candidate is better informed. At the time of application, no individual can be sure of the marks and rank to be secured in the examination.
24. For the foregoing reasons, this Court is of the opinion that the impugned decision of the Respondents cannot be sustained and the Petitioners are entitled to be considered for the post of School Assistants (SA).
25. This application is accordingly ordered.
19. The above example was provided while explaining the order of preference. In the example, the posts of School Assistant (SA) (Physics), Trained Graduate Teacher (TGT), and School Assistant (SA) (Mathematics) were only referred to. As mentioned supra, the SA post is governed by A.P.School Educational Subordinate Service Rules, 2009 framed vide G.O.Ms.No.11 and 12 dated 23.01.2009.
20. The promotions to the post of Trained Graduate Teachers (TGT) is governed by A.P.Model School Principals and Teachers Service Rules, 2012 and similar other Rules. The recruitment to the post of Trained Graduate Teacher (TGT) is governed by Andhra Pradesh Teacher Recruitment Test (AP TRT) Rules for the posts of Principals, Post Graduate Teachers (PGTs), Trained Graduate Teachers (TGTs), Physical Directors (PDs) and Physical Education Teachers (PET) Scheme of Selection Rules, 2025 ( for short „AP TRT 2025 Rules‟ ) issued vide G.O.Ms.No.16 dated 19.04.2025 under proviso to Article 309 of the Constitution of India and the selected individuals are appointed to Model Schools, Residential Schools etc.
21. The Trained Graduate Teachers forms a distinct cadre and class with its own promotional avenues and the recruitment for the posts is governed by the above Rules.
22. The multiple positions and the order of preference referred in Rule 10 of the AP TRT Rules is to be understood as being applicable to distinct cadre and class of posts governed by independent Rules governing qualifications, eligibility and promotional avenues and not to the same cadre and class of posts i.e SGT and SA.
23. Thirdly, in the recruitment process, the attempt should be to recruit more meritorious rather than recruiting less meritorious merely because the same would be easier. It is to be noted that ideally, the order of preference should be sought after the results so that the candidate is better informed. At the time of application, no individual can be sure of the marks and rank to be secured in the examination.
24. For the foregoing reasons, this Court is of the opinion that the impugned decision of the Respondents cannot be sustained and the Petitioners are entitled to be considered for the post of School Assistants (SA).
25. This application is accordingly ordered.
