GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

INTERMEDIATE EDUCATION – A.P.I.E.S. Rules – Method of Appointment to the post of Junior

Lecturer in Government Junior Colleges – Amendment to the Andhra Pradesh Intermediate
Education Service rules – Orders – Issued

HIGHER EDUCATION [IE.I/A1] DEPARTMENT

G.O.Ms.No.223 Dated:- 18.09.2008
Read the following:-

1) G.O.Ms.No.302, Education Department, dated 30.12.1993

2) Orders of Supreme Court dated 07.11.2001 in C.A.Nos.9643-9644/1995 filed by
Sri V.Jagannatha Rao and Others Vs State of Andhra Pradesh and Others
3) Orders of A.P.A.T. dated 02.12.1999 in O.A.No.4672/1995 and batch filed by Sri
G.Guravaiah and others
4) G.O.Rt.No.411, Higher Education Department, dated 22.06.2002
5) From the Commissioner of Intermediate Education Lr.Rc.No.Ser.II/A1/799/2007,
dated 19.12.2007
6) From the Secretary, Andhra Pradesh Public Service Commission,
Lr.No.1209/RR/2008, dated 15.09.2008

*****
ORDER:

Rule 3 of the Special Rules for the Andhra Pradesh Intermediate Education Service issued
in G.O.Ms.No.302, Education Department, dated 30.12.1993, specifies the method of
appointment and appointing authority for various categories of posts.

2. Category [8] of rule 3 prescribes the method of appointment in respect of Junior

Lecturers. The Rules stipulate that 50% of the posts shall be filled up by Direct Recruitment
while 40% of the posts are to be filled by recruitment by transfer from the category of School
Assistants and Language Pandits in the Government/ Panchayat Raj Departments and 10% of
posts are to be filled up by recruitment by transfer from any other service in Education
Department [Non-Teaching Staff of Education Department]. Several applications were filed by
Sri G.Guruvaiah, S.G.T. and Others before the Andhra Pradesh Administrative Tribunal claiming
appointment as Junior Lecturers under the said rules. In its judgement dated 2nd December
1999 in O.A. No.4672/1995 and Batch, the Andhra Pradesh Administrative Tribunal directed as
follows:

“As the issue in these O.As before us is the eligibility of the Members of the other services
and the percentage of allotment between the various sub sectors, for the various reasons stated
above, we hold that 50% of the vacancies are earmarked in direct recruits and the remaining
50% of the vacancies are available for recruitment by transfer to School Assistants of Andhra
Pradesh School Education Subordinate Service of recruitment by transfer from any other service
as defined in Rule 2 [30] of Andhra Pradesh State and Subordinate Service Rules. The
Respondents have to lay down the method of apportioning of these 50% vacancies amongst the
various sub-groups. All the O.As are accordingly disposed off in the above lines with a direction
to the respondents to lay down the norms among these sectors judiciously within a period of one
month from the date of receipt of a copy of this judgement.

3. Pursuant to the directions of the Hon’ble Andhra Pradesh Administrative Tribunal

mentioned in the para [2] above the Government constituted a Six Member official committee
vide G.O.Ms.No.411, Higher Education Department dated 22.06.2002 for examining the issue of
apportioning the 50% quota of Junior Lecturer vacancies meant for filling up by way of
recruitment by transfer from various feeder categories. The said Committee recommended inter-
alia that

(a) The 40% allocation for recruitment by transfer from the teaching cadres from School
Assistants, Language Pandits etc., shall be as per combined seniority of Government,
Panchayat Raj and Tribal Welfare Department teachers subject to the approval of
organization of teachers from Panchayat Raj and Tribal Welfare Department into local
cadres;

(b) Out of the 10% for Non-Teaching Staff, 3% shall be allowed to Superintendents in the
Department of Intermediate Education, Collegiate Education and School Education
and Assistant Project Officer in Adult Education Department as per inter-se-seniority.
Similarly another 3% was recommended for the Senior Assistants/ Senior Stenos/
Statistical Assistants in the above mentioned Departments and 4% for the Junior
Assistants/ Typists/ Junior Stenos/ Store Keepers in these Departments.
4. Subsequently, in a Civil Appeal No.9643-44/1995 between Jagannadha Rao and others
Vs State of Andhra Pradesh and Others, the Hon’ble Supreme Court in its orders dated
07.11.2001 held as follows:-

“At the outset it may be noticed that Article 371-D [10] of the Constitution
unequivocally indicates that the said Articles and any order made by the
President there under shall have effect notwithstanding anything in any other
provision of the Constitution or in any other law for the time being in force
Necessarily therefore, if it is construed and held that the Presidential Order
prohibits consideration of the employees from the feeder category from other
units then such a rule made by the Governor under the proviso to Article 309 of
the Constitution will have to be struck down. Then again in exercise of powers
under paragraph 5 [2] of the Presidential Order if the State Government makes
any provision, which is outside the purview of the authority of the Government,
under para 5 [2] of the order itself then said provision also has to be struck down.
Having construed the rules framed by the Governor under proviso to article 309
of the Constitution from the aforesaid stand point, the conclusion is irresistible
that the said rule to the extend indicated by the Tribunal is constitutionally
invalid and its conclusion is unassailable. In the case in hand, the impugned
provisions do not appear to have been framed in exercise of powers under
paragraph 5[2] of the Presidential Order and as such the same being a rule made
under proviso to Article 309 of the Constitution. The Presidential Order would
prevail, as provided under Article 371-D [10] of the Constitution. Even if it is
construed to be an order made under paragraph 5[2] of the Presidential Order,
then also the same would be invalid being beyond the permissible limits provided
under said paragraph, in this view of the matter, the Tribunal rightly held the
provision to the extent it provides for consideration of employees of the Factories
and Boilers units to be invalid for the purpose of promotion to the higher post in
the Labour unit”.

5. In the context of interpreting the meaning of word “transfer”, used in 5 [2] of the
Presidential Order, the Apex Court further held that “We therefore find no reasons to accept this
stand of the appellant that the expression ‘transfer’ takes within its scope a ‘promotion’.

6. As per the above cited observation of the Hon’ble Supreme Court of India, the posts of
Junior Lecturers in Intermediate Education Department can be filled by promotion of employees
from the lower cadre in the same unit of appointment as defined under the Presidential Order or
by ‘transfer’ from any other equivalent cadre of horizontal cadre organized under Presidential
Order. In the present cases, the posts of School Education Department were organized into local
cadre vide G.O.Ms.No.529, Education Department, dated 14.05.1976, whereas, the posts of
Higher Education Department were organized into separate local cadres vide orders issued in
G.O.Ms.No.572, Education Department, dated 24.05.1976. Hence, it would not be possible to
consider the lower cadres of School Education Department or similarly any other departments
for appointment by promotion to the post of Junior Lecturers in Higher Education Department.
Hence, keeping in view, the above mentioned Supreme Court orders, apportionment of the posts
of Junior Lecturers among various lower feeder categories for appointment by promotion has to
be limited to the Higher Education Department only. Since there are no equivalent/ horizontal
cadres to that of Junior Lecturers/ Junior Lecturer [Vocational] in other Government
Departments, the possibility of appointment by transfer does not exist at present.

7. The Government have carefully considered the recommendations of the Official

Committee in the light of the judicial pronouncement of the Hon’ble Supreme Court in the case
of Jagannadha Rao and Others Vs State of Andhra Pradesh and Others [orders dated 07.11.2001
in C.A.No.9643-44 of 1995] and have decided that, while the recommendation [a] above of the
Official Committee cannot be accepted as it would violate the provisions of the presidential Order,
the recommendation [b] can be accepted to the extent of apportionment of 10% vacancies among
various feeder categories of Non-Teaching Staff working in the Higher Education Department
only.

8. In the reference 6th read above, the Secretary Andhra Pradesh Public Service Commission
has informed that the Commission has accorded concurrence to amend the Andhra Pradesh
Intermediate Education Service rules issued in the G.O. 1st read above.

9. Accordingly, the following notification will be published in the Andhra Pradesh Gazetted.
NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of
India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes
the following amendments to the Andhra Pradesh Intermediate Education Service Rules issued
in G.O.Ms.No.302, Education Department, dated 30.12.1993:-
Amendments
 (1) In the said rules, - in rules 3, 9 and in the Annexure for the word “transfer”, wherever
it occurs, the word “promotion” shall be substituted.
(2) In rule 3 [i] in category [8] in column [3] for the existing entries the following shall be
substituted, namely:-

(i) By Direct Recruitment : 90%

(ii) By recruitment by promotion from
(a) Superintendents in the Department of Intermediate : 3%
Education and Collegiate Education as per inter-se-
seniority
(b) Senior Assistants and Senior Stenos in the : 3%
Departments of Intermediate Education and
Collegiate Education as Per inter-se-seniority
(c) Junior Assistants, Junior Stenos and Store Keepers : 4%
in the Departments of Intermediate Education and
Collegiate Education as per inter-se-seniority

NOTE:

(i) If no qualified and suitable person is available in category [a] above, the posts
earmarked for that category may be filled up by the eligible persons in categories
[b] or [c], in that order.

(ii) If no qualified and suitable person is available in category [b] above the earmarked
posts may be filled up by category [a] and [c], in that order.

(iii) If no qualified and suitable person is available in category [c] above the earmarked
post may be filled up by category [a] and [b], in that order”.

(ii) In category 9, in column (3), for existing entry (c) the following shall be substituted, namely:

(a) By recruitment by promotion from the category of Superintendents, Senior Assistants,

Senior Stenos, Junior Assistants, Junior Stenos and Store Keepers in the
Departments of Intermediate and Collegiate Education, as per inter-se-seniority, if no
qualified and suitable person is available under the above two methods”.

(3) In rule 7, the words, “or recruited by transfer” and “or appointment by transfer” shall
be omitted.

(4) In rule 8, the words, “or transfer” shall be omitted.

[BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH]

ASUTOSH MISHRA
PRINCIPAL SECRETARY TO GOVERNMENT