✦ High Court of India · 03 Jul 2025

The High Court · 2025

Case Details High Court of India · 03 Jul 2025
Court
High Court of India
Decided
03 Jul 2025
Bench
Not available
Length
1,937 words

Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioners as successfur candidates for the post of rr.ined Graduate Teachers (Physical Sciences) and Trained Graduate Teachers {{icience) under the Notification No. 1412017 subject to the resurt in the writ petition, pending disposal of the writ petition. lA NO: 1 OF 2019 Between: Telangana State Public Service Commission, Rep. by its Secretary, prathibha Bhavan, M.J. Road, Nampaly, HF;;b; _5bb06i:, '" ...PETITIONERYFIESPONDENT lN Wp.No.72B9l20i8 AND 1 2 Vineesha Bathini. D/o. Ramesh,.Aged about 27 years, RIo. H.No.1_7_594. tr*"o Lane, subediri, ir"ii,rr"ri", wr..rritrl Urban Districr, ptN i Pd;BUi Renukuntla Priyanka. D/o ,aiah, Aged. about 27 years, ,uo.2_1_812, Lashkar singaram, Nairir Nagar, nanimibniJ, wri*ig7r il",{r-n oi.t,i.t. prN _ 506009. ...RESPONDENTS/F,ETITIONERS lN WP.ttlo.7289/2018 Petition under section 151 cpc praying that in the circumstar ces stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim orders, dated: 06/03/2018 passed in r.A. No. 10f 2O1g in w.p. No. 7289 of 2018. . Counsel for the Petitioner: SMT. VEDULA CHITRALEKHA FOR SRI VEDULA SRINIVAS Counsel for the Respondent: SRI P.S.RAJASEKHAR, SC FOR TGPSC The Court made the following: ORDER I i I i.i C HON'BLE SRI JUSTICE NAGESH BHEEMAPAIiA WRIT PETITION No. 7249 OF ?OLA ORDER: The case of Petrtioners is that they had,lone hve years integrated MSc (Chemistry) course from Kakatiya Universi[z in 2O13 and that they have done B.Ed. colLrse from Kakatiya Unrversity and Osmania University respec tively in 2015 with Physical Sciences and Biological Sciences being the method of tcachings. Respondent - Telangana Sta re Public Service Comrnission had issued Notification No. 14 of 2OI7 inviting Applications on line from qualified candidate s to the post of Trained Graduate Teachers .and the last date of submission of Applications was 04.O5 .2017 . The 1;rocess of selection consists of preliminary (screening tests) o[ objective type followed by Main examination (Objective type). Anr-rexure-A ol the Notification provides eligibility criteria for differr,nt posts of teachers and Petitioners applied on line. The required quaiilrcations of the two posts are shown at Serial Nos,. 7 and 9 of Annexure A. The post of Trained Graduate Teacher in Physical Science is concerned, the candidate must possess a Bechelor's Degree with at ieast two optional subjects out of Physical/Applied Physics/ trngineering Physicr; and { l I 2 Instrumentation and Chemistry/Appiied Chemistry/lndustrial Chemistry/Pharmaceutical Chemistry/Medicinal Chemistry/Bio Chemistry/Geology (or) either Physics and its allied subjects or Chemistry and its allied subjects as one of the main subjects and other as subsidiary /ancillary subjects from a university recognized by UGC and B.Ed. with Physical Sciences/ Physics/ Chemistry/ Science as a methodologz subject from an institution recognised by NCTE. Likewise, the qualihcation prescribed for the post of Trained Graduate Teacher in Science are Candidates with qualihcations mentioned in Serial No. 7 or 8 i.e. TGT (Physical Science) or TGT (Biological Science) are eligible. The subject Physics will be there in the first two years of the course and Chemistry being the main subject will be there during all five years of the course. As such, Petitioners satisfy the eligibility criteria for both the posts at Serial Nos.7 and 9 of Annexure-A ofthe Notihcation. Petitioners were issued Hall Tickets for written examination and after preliminary examination was over, were called for main examination on 29.Oa.2017. The main examination for the subject posts took place on 3O.08.2017 and Petitioners were , successful in main examination and their results were published on the website. Subsequently, Petitioners were called for verihcation of certificates in the ratio of 1:2. I I , ' .;,,,/ _l Verification of certihcates took place on 12.12.2017 and 13.\2.2017. However, to their surprise, Hall tir;kets of Petitioners u,cre shown in the list of rejection giving th,: reason - For $,ant of required optional 2 subjects in UG level anc. reasons shown in so far as TGT (Physical Sciences) is th at "MSc (Chemistry) 5 years integrated course, for hrst 2 yean's; Physics was also studied." And in respect of the other course, :r:ason for rejection r.r'as that "5 years integrated course i.r:. M.Sc. (Chemistry) may be considered." The said rej,::tion is unsustainablt: and irrational as the candidate can havr: Phvsics or its allied subjects or Chemistry/its allied subjects as one of the main subjects and other as su.bsidiary in ttr,: degree awarded by a university recognised by UGC. Since both the Petitioners zrre having Chemistry as main subject anc Physics as subsidiarl subject in the S-year integrated coursc of MSc, they are eligible for both the posts. Respondent had allowed Petitioners 1.o appear for examinations with full knoruledge of their qualihc:atron.

2. 'l'his Court had granted interim ordt:r dated

06.03.20 18, operative portion of which reads as under: "Pending further orders, tr,t,o posts each of Trained Gradua te Teachers (Physical Sciences) and Trained Graduate Teachers (Sciences) no ilred by the Respondent in Notification No. 7412077 be kept vacant under further orders.' I I I T 4

3. Respondent sought vacation of the said interim order. They hled counter afhdavit wherein, Respondent had extracted the qualifications required in Notihcation No. 14 of 2Ol7 for both the posts which is extracted hereunder: 51, no Name of the post Trained graduate Teacher-Physical sciences 7 8 9 Trained Graduate Teacher-Biological sciences Traincd graduat€ Teachcr-Sciences Subiects Must Posscss a Bachelor's Degree with at leasl two of the followmg subjects as Optional subjects: Physics / Apphed Physics / Enginecrin8 Physics and Instumentation & Chcmistry/Applied Chemisrry / Industrial Chemisty / Pharmaceutrca.l Chemrstry /Medrcinal Chemistry / Biochemisrry /Geotogy (OR) eitler Physics / Its alted subjects or Chemistry / its allied subjects as one thc main subjects and other as subsidra-ry / An( dlary subjc( I from a uruvcrsrr) recognized by UGC AND U.Ed. with Physical Sclcnce /Physics /Chemistry/Screncc as a methodolos, subject kom an lnslltutron reco b NCT!] Must Possess a Bachclor's Degree Lvrlh Botany and Zoology a5 optional sublects (OR) one of rhe two as marn and other as subsrd la4' s ubject (OR) any two ofother allied subjccls vrz Public Health/Human Genehcyccnctics/Bio Chemistry/Envr()omcntal / Mrcro- Biologv /B iotechnology/lndustrial Mic.o-Baology Sci€nces / Agnculturc/Food Techrology/ Fisheries/Nutrition/ Ceology liom a Univecity remgnizej by UcC AND B Al with Biologrcal Scr€nc€/Natural Sciencevscience/Botan!y'Zoology as a Methodobgy subject from an instrtutron recognizcd by NCTE. Candrdates with the qualifications mentroncd ar Sl No.7 iOR) Sl No 8 i.e., TGT (Physical Science) (OR)TCT (BiolosicalScrence) are eligible. Perusal of the contents of the qualihcation prescribed in the Notihcation shows that caldidates who applied to the posts of TGT (Physical Science) have to study optionai subjects for 3 years, whereas the 1"t Petitioner had studied Physics during the first 3 semesters only and not for 3 years, thereby, she is not eligible for the post of TGT-Physical .- S:ience. Likewise, Petitioner No. 2 had studied Physics during I t 5 the first 3 semesters only and not for three years, as such, she is also not eligible for the post of TGT.

4. Heard Smt. Vedula Chitralekha, learnecl r:ounsel on behalf of Sn Vedula Srinivas, leained counsel for pelrtioners as rvcll as Sri P. S. Raja Shekar, learned Standing Crtunsel for respondenr .- TSPSC.

5. From the pleadings and arguments, thc point for consideratior-r is u,hether the action of rejection of pe.ti[ioners is in accordance with the Notification and whether petitrc,ncrs have requisite qualification/eligibility to be appointed as Trained Graduate Terachers (Physical Sciences) and Trained Graduate Teacher (Sciences).

6. Pctitioners completed their B.Ed. frorn Kakatiya University and Osmania Universit5r with the subjecr.:; physicat Science and Biological Science respectively. As per N ttihcation No. 14 of 2OI7, for the post of Trained Graduar.r, Teacher (Physical Sciences) and Trained Graduate Teacher (iciences), the requrrernent for eligibility is that candidate musr lossess a bachelor's degree with at least two of the subjects a.s; optional subjects vtz. nanr,ely physics/Applied physics/ trngineering Physics and Instrumentation and Chemistnr/Applied Chemistry/ Industrial Chemistry/ pharrr.aceutical Chemistry/Medicinal Chemistry/ Biochemistry/ Geologr or I t I I t 6 either Physics/its allied subjects/Chemistry/ its allied subjects as one of the main subjects and other as subsidiary and ancillary subject from a universily recognised by UGC and B'trd' with Physical Science/Chemistry/ Science a? a methodolory subject from an institution recognised by NCTE' Bolh the Petitioners are qualifred for selection of the Posts they have applied. The order of rejection is against the language and intent of Notihcation and as rightly contended by learned counsel for Petitioners, Respondent cannot makc out a new case for itself as against the contents of the Notification The action of Respondent in rejecting the candidature of Petitioners is not justified and not valid, therefore, the.same deserves to be set aside. 7 . In the result, the Writ Petition is allowed and the order of rejection of petitioners is set aside. No costs'

8. Consequentiy, Miscellaneous Applications, if any shall stand ciosed. That Rule Nisi has been made absolute as above' Witness THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL' on this THURSDAY, THE THIRD Oii Oi ]UUiTWO TUOUSAND AND TWENW FIVE SD-K.SREERAMA MURTHY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER ISS ion, Prathibha na State Public Service Co 1. The Secretary, Tela rabad -500001 Hyde Na mpallY, Bhavan, M.J. Road' Advocate IVAS, ULA SRIN ED One CC to SRI V S.RAJASEKHA R, SC FORT One CC to SRI P Two CD CoPies toPUCl GPSC [OPUC] To 2 3 4 PSK. LS 5 HIGH COURT DATED:0310712025 ORDER WP.No.7289 of 2018 T (- R\J o .L 11 JUt AI5 i ''1i76+l:il ' -.4'--.:.::=i. ALLOWING THE WRIT PETITION WITHOUT COSTS @tr,rtq 9a"..-- itr \"

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