High Court · 2025

Petition under Article 226 of the Conslitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the impugned Selection Notification dated 12.02.2019 published by the 2nd Respondent of provisionally selected candidates for appointment to the post of School Assistant (Social Studies) under notification No.5212017 dated 21 .10.201 7 issued by the 2nd Respondent excluding Petitioners hall ticket number who is more meritorious than several other selected candidates in Open Competition or in his reserved category in Mahabubnagar District as arbitrary, totally illegal, without jurisdiction, violation of Articles 14, 16 and 21 ol the Constitution of lndia and consequently selaside the same by further directing the Respondents to select and appoint petitioner to the post of School Assistant (Social Studies) under Notification No.5212017 dated 21 .10.2012 issued by the 2nd Respondent as per his merit in Open Competition or under SC Community in lMahabubnagar District with exemplary costs. lA NO: 1 OF 2019 Petition under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Stay all further proceedings pursuant to the Notification No. s2t2o17 dated 21 .,lo.2o,tl issued by the 2nd Respondent to the post of schoor Assistant (sociar studies) including appointments pursuant to the impugned selection notification dated 12.O2.2019 in so far as Mahabubnagar District. Counsel for the Petitioner: SRt ARUVA RAGHURAM MAHADEV Counsel for the Respondent Nos.1,3 & 4: Gp FOR SCHOOL EDUCATION Counsel for the Respondent No.2: SRI P.S.RAJA SEKHAR, SC FOR TSPSC The Court made the following: ORDER j, I I 7 HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. +O55 OF 2019 ORDER: Assailing the Selection Notification dated

12.02.2019 published by the 2"d respondent - Telangana State Public Service Commission (TSPSC) regarding the provisionally- selected candidates for appointment to the post of School Assistant (Social Studies) under Notification No.52/2Oi7 dated

21.1O.2017 as arbitrary, iliegal, and violative of Articles 14, 16, and 21 of the Constitution of India, petitioner is before this Court.

2. It is the case of petitioner that he belongs to Scheduled Caste community ar-rd possesses the requisite qualifications for the post of School Assistant (Social Studies). He obtained a Graduate Degree in Arts u'ith less than 457o marks, Masters in Public Administration with 637o and Masters in History with more than 5O% marks. The 2nd respondent issued notification announcing 148 vacancies, including 40 vacancies under Open Competition (OC-G) and 14 vacancies under Scheduled Caste (SC-G) in Mahabubnagar District. The said notification prescribed that candidates must possess a 2 Graduatc Degree with two optional subjects or their allied subjects u'ith 50% marks or a Postgraduate Degree with 50o/o marks, uilh a relaxation of 570 for SC, ST, OBC, and Differentty- abled candidates. At the time of applying, petitioner's application u'as not accepted due to his undergraduate percentage being less than 45%. Aggrieved by this, he is stated to have filed Writ Petition No.47368 of 2OI7, wherein this Court uide order dated O4.01 .2018, permitted petitioner and similarly- placed candidates to take the examination. Petitioner manually submitted his Application, mentioning his qualifrcation as M.A. Public Aclmir-ristration with 63%; he was issued a Hall Ticket and appeared lor examination held on O4.03.2O18. The ranking list u,as subscquently published and petitioner was found to be within the zone of consideration for employment; he being SC candidal.c, secured 75.656 marks, was ranked 96e in the State, 22ncr in Mahabubnagar District under Open Competition, and lst in Mahabubnagar District under SC category. Thereafter, his certificatcs $'ere verified, however, in the impugned selection notification, pctitioner's Hall Ticket number was excluded while several candidates with lower merit were included. petitioncr immediatelv approached the 2"d respondent lor clarification who =-v informed that his exclusion was due to not possessing the requisite 45"/o it his undergraduate degree and that he was permitted to take the examination solely under the orders of this Court. Aggrieved by this action, petitioner hled this Writ Petition,

3. This Court, while issuing rule nisi, on 27.02.2019, directed respondents to verify the eligibility of petitioner and if he is fulfilling all other parameters, but was not considered only on the ground that he did not secure 457o pass in graduation, he should be considered for inclusion of his name in the provisional selection list as per his merit.

4. Learned Standing Counsel for TSPSC Sri P.S. Rajashekar, based on the counter, submits that as per the notification, the candidates must have got 507o marks in graduation level and also 5O7o marks in post graduation levcl in the relevant subjects and since petitioner did not possess the requisite 507o marks in the graduation level in the relevant subjects, his case was not considered for appointment to the post of School Assistant (Social Studies).

5. Learned counsel for petitioner Sri A. Raghuram Mahadev cites the judgment in Writ Petition No. 3305 of 2019, -l \f,,herein this Court directed respondents to consider qualifications of petitioner therein in securing more than 507o marks in post graduation as valid' The operative portion of the judgment clcarlv states that $'hen the State Government has taken a decision regarding the validil}* of qualifications' respondent (TSPSC) cannot object to it and reject candidates on the grounds of non-qualihcation' The Court directed respondents to consider candidates securing more than 507o marks in post-graduation and compiete the process within four ,,r,eeks. The petitioner contends that his case is identical to the said Writ Petition and seeks the same benefit' This Court in similar circumstances' in Writ 6. Petition No- 33O5 <:f 2Ol9' recording the submissions made by I he Government Pleader for Services' on written instructions' that qualification possessed by petitioners therein is valid and hence, their cascs have to be conserved for appointment to the post of School Assistant (Social Studies) and that as per the NCTE Regulations also' petitioners are qualified and eligible for appointment to the post of School Assistant (Social studies) as they have secured more than 5006 marks in the Post graduation level, allou'ed the Writ Petitron' .--r

7. In the light of the same , this Writ Petition is also allowed directing the 2"d respondent to consider the case of petitioner for appointment to the post of School Assistant (Social Studies) duly taking into consideration their qualification of securing more than 5O7o marks in Post Graduation level as valid and if petitioner stood in the merit list, he can come within the zone of consideration for appointment to the post of School Assistant (Social Studies). It is needless to observe that the entire exercise of considering the case of petitioner shall be completed within four weeks from the date of receipt of a copy ol this order.

8. closed. Miscellaneous Applications, if any shall stand That Rule Nisi has been made absolute as above. WitnessTHEHON'BLETHEACTINGCHIEFJUSTICESUJOYPAUL,onthiS FRIDAY,THETHIRTYFIRSTDAYOFJANUARYTWOTHOUSANDANDTWENWFIVE / //TRUE COPY// SD/- T. JAYASREE ASSISTAN REGISTRAR S ION OFFICER The Soecial Chief Secretary School Education(General Department) Secreiariat. Hvderabad, State of Telangana. ih; a;;;;L.i. ierrngan" State PubliCservice Commission' Prathibha Bhavan Nampally, Hyderabad-5001 03 Comrit.ion.ir. aiii D'irector of School Education, Telangana State, Hvderabad District Ed ucational Offi cer, IVlahabubnagar District o;; a'c];SRiAnuvn RncuuRRtrl MAHADEV, Advocate [oPu-c] i;; cari" cP Fon sdnool EDUCATIoN' Hish court for the State of Telangana, at Hyderabad. IOUTI one iC to'snr F.s nela sEKHAR. sc FoR TSPSC [oPUC] Two CD Copies To \

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