✦ High Court of India · 29 Jan 2025

High Court · 2025

Case Details High Court of India · 29 Jan 2025
Court
High Court of India
Decided
29 Jan 2025
Length
1,337 words

"RESP.N,ENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an order or direction' more particularly one in 16s 621u1s ef Writ of Mandamus' declaring the action of the respondents herein in not selecting and appointing the petitioner to the post of Junior Lecturer in Hindi (Post Code No' 15) under EWS category in Multi Zone-l' as per the marks/ranking secured by the petitioner in the selection process he{d pursuant to the Notification No' 22 of 2022 dt- gt12t2022, though lncome Certificate for claiming EWS reservation which in accordance with the Clause-V of Pata-4 of the said Notificllion submitted and accepted by the respondents is illegal' arbitrary' unjust' unfair' contrary to the notification and a statutory norms, apart from violation of constitutional provisions and consequently declare that the petitioner is entitled to be appointed as Junior Lecturer in Hindi under EWS Categrory in Multi Zone-l pursuant to Notification No' 22 of 2022 dt- gt12t2}22'with all consequential benefits IA NO: 10F 202s Petition undr:r section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respontents herein to consider the case of the petitioner for appointment to the post of Junior Lecturer in Hindi under EWS category in Murti Zone-l as per marl s/rank. Notirication22or2022.,-'::,;:rT;tiiffi :H:::ff ;';,:T;H"",1; Notification or arternatery reserye one post of Junior Lecturer in Hindi under Murti Zone-l in EWS Category vacant Counsel for the petitioner: SRl. C. SAI REDDY COUNSEI fOr thE RESPONdENT NO.1: SRI P. S. RAJASEKHAR (SC FOR TGPSC) Counsel for the Respondent Nos.2&3: Gp FOR SERVICES I The Court made the following: ORDER I I THE HON,BLE SRI IUSTICE NAMAVARAPU RAIESHWAR RAO T P IO o 1 F ORDER: ofwritofMandamusdeclaringtheactionoftherespondentsherein LecturerinHindi(PostCodeNo,lS)underEWScategoryinMulti This writ petition is filed for the following relief: ".-.to issue an order or direction' more particularly one in the nature in not setecting and appointing the petitioner to the post of Junior Zone-l, as per the marks/ranking secured bY the petitioner in the selection process held pursuant to the Notification No'22 of 2022 dated 0g.12'2022' though Income Certificate for ctaiming EWS reservation which in accordance with the Clause-V of Para-4 of the said Notification submitted and accepted bY the respondents is illegal, arbitrary, unjust' unfair' contrary to the notification and all statutory norms, apart from violation of constitutional provisions and consequentlY declare that the petitioner is entitled to be appointed as Junior Lecturer in Hindi under EWS Category in Multi Zone-I pursuant to Notification No'22 of 2022 dated Og'12'2022' withatlconsequentialbenefitsandtopasssuchotherorderor orders as this Hon'ble Court may deem fit and proper'"

2. Heard Sri C' Sai Reddy' learned counsel for the petitioner' Sri P.S. Rajasekhar' learned Standing Counsel for TGPSC' for respondent No'1 and learned Government Pleader for Services-I for respondent Nos'2 and 3' Perused the material on record' 3. Learned counsel for the petitioner submits that the petitioner is a resident of Bichkunda Village and Mandal in Kamareddy District, belonging to the Economically Weaker Section (EWS)' \ ) He holds a Master,s degree in Hindi (M.A Hindi) with 660/o marks, making him r'u'y quarified for the position of Junior Lecturer in Hindi.

4. It is contended that respondent No.1 issued Notification No.22 of 2022 on Og.t2.2O22, inviting apptications for various posts, including the posts of Junior Lecturer in Hindi under post Code 15, with four vacancies reserved for EWS candidates in Multi Zone-I. pursuant to the notification, the petitioner submitted his application under the EWS category and participated in the written examination held on 27.0g.2023, securing 253.854 marks and ranking 613 in the EWS category. 5 claiming EWS duly verified Learned cr:unsel for the petitioner further submitted that the petitioner was called for certificate verification on 23.08.2024, during which. his documents, including the Income Certificate for reseryation for the financial year 2023_2O24, were and accepted. However, despite securing higher marks, the petitioner was not included in the provisional selection list, whereas a ,:andidate who secured 234.564 marks (ranking 1103) was selected. The petitioner made representations to respondent No.1 on L3.L2.2024 and 24.I2.2024, requesting reconsideration b,ased on his higher merit, but no response was received. ..1 ) investigation'

5. Learned counsel for the petitioner submitted that' upon the petitioner learned that his exclusion from the selection list was due to the format of his lncome Certiflcate' was issued manuallY o" *" Tahsildar of Bichkunda' He states that the notification through the Mee-seva;;"' for the certificate to be obtained through are issued by specify a requirement Mee-Seva' and both manual and Mee-Seva certificates the same competent authority ' rather than did not

7. Additionally' learned counsel for the petitioner submits that the petitioner submitted an RTI request on 13'12'2024 seeking information regarding the marks obtained' final cutoff' and seledion criteria. However' no information was provided' In the absence of any response' he made a second representatio n on 24'12'2024' but this was also ignored' 8 notification,

10.05.2023 Learned counsel for the petitioner submitted that' as per the the Petitioner submifted an EWS certificate dated the Petitioner is seeking an EWS online. However, 202L-2022. The Petitioner the financial Year ded the certificate for the financial year 2022- to Telangana State Public Servke Commission's 0g.12.2022, for lunior Lecturers certiflcate for mistakenlY uPloa

2023. According Notification No.22/2O22, dated under the control of the there is an oplion for cand certiFicate verilication 1 Commiss ida tes to The resubmission Education, roner oF Intermediate resubmit pending certificates for were 12.09.2 024 and

73.09.2024.

9. Learned r--ounsel on 12.09.2024, the peti for the financial year requested that the case o for the petitioner further submitted tioner submitted a manual EWS 2021-2022. Therefore, tearned f the petitioner be reconsidered. that, certificate counsel respondents submitted that the required EWS certificate for the per the notification. Instead, the As a result, the counsel for the tO. Learned ccunsel for the petitioner did not submit the financial year 202I_2022 as petitioner uploaded the 2022-2023 certificate petitioner,s case was not considered. Learned respondents also stated that, even though the petitioner later submitted a manual EWS certificate for the financial year 202L- 2022 on l0.O2.2Ort_3, it could not be considered for appointment purposes.

11. Learned counsel for the respondents submitted a copy of the Wfitten inStfUCtiOnS indicating that the individual submitted an EWS CeftifiCate manuallY issued on 1O'02'2023' after the certiricate date' which was not issued through Mee-seva' verification 5 made bY both parties' the writ authorities case should with the notification' The petitioner's representations' L2. In light of the submissions petition is disposed of directing the respondent consider the petitioner's case' as the petitioner has submifted the manual certificate for the financial year 2O2t-2O22'Trle be reviewed to ensure eligibility in accordance rules, and regulations' L3'12'2024 aad 24'lZ-2024' requesting rectification list for the post of lunior Lecturer (Hindi) (Hall Ticket Post Code No' 15)' shall be disposed of by the respondents within in a period of three (3) weeks from the date of receipt of a copy of this order' and pass appropriate orders in accordance with the law' There shall be no order as to costs' , miscellaneous applications in the selection No.2209078362' pending' if any' in this As a sequel Writ Petition, shall stand closed ' I To, ^".,3P1$J.?S'$RiR //TRUE COPY// S CTION OFFICER IUwff**,ilf_*_ :fii::".":"";"*, llf"";pUl}Ss$S'Er$Hi[iiH#Fi'r'rrxfr''""n'n'"' BM Bs 2' HIGH COURT DATED:29 tO1t2}2s ORDER WP.No.181t of 2O2S CC TODAY H S r o a, 3 J1 A n (. fi25 () .J \. DISPOSING OF THE WRIT PETITION WITHOUT COSTS // 1z 3//l /Ll

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