Allotment of teachers: Telangana High Court stays memo on amendment to Article 371-D

HYDERABAD:  A division bench of Telangana High Court on Friday stayed a memorandum issued by the Principal Secretary of State General Administration Department through which the State government wanted to reorganise the employees in Model Schools as per the zonal and multi-zonal wise system adopted by it recently.

The bench, comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy was dealing with the petition filed by G Narasimha Reddy and others, who serve as post-graduate teachers in Telangana State Model Schools, challenging the memo issued on August 29, 2022 along with the amendments to the clauses under Article 371-D of the Constitution of India, which is applicable for Andhra Pradesh and which safeguards the rights of local people in employment and education.

The petitioners’ counsel informed the court that the amendment to Clauses 1 and 2 of Article 371-D, with the provisions of Minor Act, Section 97 of the Andhra Pradesh State Reorganisation Act 2014, was arbitrary, illegal, unjust, and procedurally and substantively ultra vires.

The amendment should be done by following the procedure prescribed under Article 368 and it should be approved by the President of India. The new Presidential Order 2018 is in conflict with the Presidential Order 1975 in the absence of any amendment to Clause 1 and 2 of Article 371-D. Based on such invalid amendment, the State government has brought new local cadre in the employment reorganisation of the Local Cadre and Regulations through GO 124, which is also invalid, the counsel said. While issuing interim stay on implementation of the memo, the bench adjourned petition to October 19 for further hearing.