GOVERNMENT OFANDHRA PRADESH

ABSTRACT

Tribal Welfare - Education - Appointmentof Teachers - Reservation of all vacancies in the Educational Institutions within theScheduled Areas in favour of Local Scheduled Tribes - Notification under paragraph 5(1) ofthe Fifth Schedule to the Constitution of India - Issued.


SOCIAL WELFARE(TW.EDN.II) DEPARTMENT

G.O.Ms.No.3                                                                     Dated10-01-2000.
                                                                       Readthe following:

G.O.Ms.No.275, SocialWelfare(E) Department dated 5.11.1986.

O R D E R:-

Whereas, under sub-paragraph (1) ofparagraph 5 of the Fifth Schedule to the Constitution of India, the Governor of AndhraPradesh may by public notification direct that any particular Act of Parliament or ofLegislature of the State shall not apply to the Scheduled Areas or any part thereof in theState or shall apply to a schedule area or any part thereof subject to specifiedexceptions and modifications;

2. AND WHEREAS, in G.O.Ms.No.275, SocialWelfare Department dated 5.11.1986, a notification has been issued exercising the powersconferred under sub-paragraph (1) of paragraph 5 of the Fifth Schedule to the Constitutionof India directing that the posts of teachers in the Educational Institutions in theScheduled Areas of State shall be filled in only by the local members of the ScheduledTribes;

3. AND WHEREAS, the Andhra PradeshAdministrative Tribunal in its order dated 25.8.1989 in R.P.Nos 6377 and 6379 of 1988quashed the orders issued in G.O.Ms.No.275, Social Welfare Department dated 5-11-1986 onthe ground that the notification issued under sub-paragraph (1) of paragraph 5 of theFifth Schedule to the Constitution of India does not reflect the existence of either aState or a Central Legislation referable for issuing such notification;

4. AND WHEREAS, the Division Bench of theHigh Court of Andhra Pradesh in its judgement dated 20-8-1997 in Writ Appeal No.874 of1997 filed by the Project Officer, I.T.D.A.,, Rampachodavaram, East Godavari District,directed to continue the petitioners respondents in their respective posts of teacherswithout any break as temporary employees until replaced by the qualified local tribals asand when such tribals are available to fill up those posts;

5. AND WHEREAS, the Andhra PradeshAdministrative Tribunal subsequently while disposing of O.A.No.4598/97 in its orderdt.22.9.1997 directed the respondents to follow the statutory rules while makingrecruitment to the posts of Secondary Grade Teachers and also Telugu Pandits, Grade.I inAgency Areas without taking into consideration of the orders issued in G.O.Ms.No.275,Social Welfare Department, dated 5.11.1986.

6. AND WHEREAS, the Supreme Court ofIndia while allowing Civil Appeal No.6437/98 in its order dated 18th December, 1998, setaside the orders of the Andhra Pradesh Administrative Tribunal on the ground that theState withdraw the appeals arising out of the S.L.P.Nos.14562-63 of 1989:

7. AND WHEREAS, the Government considersthat rule 4 (b) of the Andhra Pradesh School Educational Subordinate Service Rules, 1992and rule 22A of the Andhra Pradesh State and Subordinate Service Rules, 1996 shall bemodified to the extent that only Scheduled Tribe Women shall be appointed in ScheduledAreas against the 33 1/3% reservation in respect of direct recruitment;

8. AND WHEREAS, the consultation of theTribes Advisory Council has been made as required under sub-paragraph (5) of paragraph 5of the Fifth Schedule to the Constitution of India.

9. AND WHEREAS, the Government of AndhraPradesh in order to strengthen the educational infrastructure in the Scheduled Areas, topromote educational development of Tribals, to solve the phenomnal absenteeism of Teachersin the Schools situated in Scheduled Areas and with a view to protect the interests oflocal tribals have decided to reserve the posts of teachers in favour of local ScheduledTribe candidates;

10. AND WHEREAS, the Governmentconsidered to re-issue the said orders retrospectively from 5-11-1986 keeping in view theprovisions of sub-paragraph (1) of paragraph 5 of Fifth Schedule to the Constitution;

11. The following notification will bepublished in part-IV-B Extraordinary issue of the Andhra Pradesh Gazette, dated 10-1-2000.

NOTIFICATION

In exercise of the powers conferred bysub paragraph (1) of paragraph 5 of the Fifth Schedule to the Constitution of India and inSupersession of the notification issued in G.O.Ms.No.275, Social Welfare Department, datedthe 5th November, 1986, as subsequently amended in G.O.Ms.No.73, Social WelfareDepartment, dated the 25th April, 1988, the Governor of Andhra Pradesh hereby directs thatsections 78 and 79 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982) and sections169, 195 and 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and rule4(a) of the Andhra Pradesh School Educational Subordinate Service Rules issued inG.O.Ms.No.538 Education (Ser.II) Department, dated the 20th November, 1998 and rule 22 and22A of the Andhra Pradesh State and Subordinate Service Rules, 1996 and any other rulesmade in this regard shall apply to the appointment of posts of teachers in schoolssituated in the Scheduled Areas in the State subject to the modification that all theposts of teachers in the Schools situated in Scheduled Areas in the State of AndhraPradesh shall be filled in by the local Scheduled Tribe candidates only out of whom 33 1/3% shall be women;

EXPLANATION:- For the purpose of thisnotification, the 'Local Scheduled Tribe Candidate' means, the candidate belonging to theScheduled Tribes notified as such under article 342 of the Constitution of India and thecandidates themselves or their parents have been continuously residing in the scheduledareas of the Districts in which they are residents till to date since the 26th January,1950.

(BY ORDER AND IN THE NAMEOF THE GOVERNOR OF ANDHRA PRADESH)

C.R.BISWAL
SECRETARY TO GOVERNMENT

To
The Director of Tribal Welfare, A.P., Hyderabad.
All District Collectors in the State.
All Project Officers, I.T.D.As. in the State.
All District Tribal Welfare Officers in the State.
The Commissioner of School Education, Hyderabad.
All District Educational Officers in the State.
The Member Secretary, Gurukulam, T.S. Bhavan, Masab Tank, Hyderabad.
The Govt. Pleader for Social Welfare, A.P.Administrative Tribunal, Hyderabad.(Sri P.NaveenRao).
The Govt. Pleader for Social Welfare, A.P. High Court, Hyderbad.(Sri Jayaprakash Babu).
The Secretary, Law Department, A.P.Secretariat, Hyderabad.
The Secretary to Govt., General Admn.(Ser.) Department, A.P.Secretariat, Hyderabad.
The Secretary to Govt., Education Department, A.P.Secretarit, Hyderabad.
The Prl. Secretary to Governor, Raj Bhavan, Hyderabad (with covering letter).
The Additional Secretary to Hon'ble Chief Minister.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad. (10 copies with coveringletter).
The P.S. to Minister (Tribal Welfare).
The P.S. to Secretary to Govt. (Social Welfare).
The P.S. to Secretary to Govt. (Tribal Welfare).
The Commissioner of Printing, Stationery & Stores Purchase, Hyderabad
      (with a request to publish the notification in an extraordinary issue of A.P.Gazette, date 10-1-2000.)
SF/SCs

//Forwarded::By Order//

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