The High Court · 2025

Petitions are being disposed of by this the issue involved in these two Writ The petitioners have filed the two Writ Petitions to declare the action of respondent No.2, Commission, in refusing to issue appointment orders to the petitioners for the post of Veterinary Assistant Surgeons CIass_A as per their merit ranking in the te.st pursuant to the Notihcation No.23/2022 as being arbitrarlr and illegal violative of Articies 14,16 and 2l of the Constitution of India ald the Judgments rendered by this Court in W.A.No.2O6 of 2023 ard 236 of 2023 and consequently, direct the respondent No.2 to forthwith issue appointment orders to the petitioners as per their merit rankings against their respective categories. 2. Heard Sri Nimma Narayana, learned counsel for the petitioners in W.p.No.929O of 2024, Sri CH. Samson Babu, learned counsel for the petitioners in W.p.No.94 lg of 2024, learned Government pleader for Services_Il for respondent No. 1 and Sri p.S. Rajashekar, learned Standing Counsei for T.S.Public Service Commission. perused the record. 2 For convenience' the facts stated in W'P'No'94 18 of 2024 3 are d.iscussed as under: petitioners are Possessors karned counsel for and Animal Husbandry' resPondent No'2, dated the Petitioners submits that of Bachelor's Degree in Vetertnary Pursuant to the Notification of 22.12.2022, theY submitted online the post of Veterinary Assistant Surgeon applications for (Class-A) The requisite educational qualihcation prescribed is that one must have Passed a Bactreior of Veterinary Science DegreeaSonthedateofNotification,i.e.by22.|2.2022. last date for filing online applications was 19.01.2023, r'i'hich was extended till 15'02'2023' The selection was to be made to fili uP 170 vacarrcles ' The 3(i) Learned counsel for the petitioners further submits that petitioners herein joined in the four and half year's academic p{ogram of B'V-Sc' during the academic year 2Ol7- 18. The program was scheduled to conclude by January 2022 ' However, due to the Covid-19 Pandemic' the caldidates were unabletocompletetheirl-yearinternshipbySeptember2022, and it was extended to the end of February 2023' However' by that date, all the candidates had completed their course including the internship' Although the last date for applying ' I 3 was extended from 31.OI.2O23 to 15.02.2023, all candidates completed their internship by that date. 3(ii) Learned counsel for the petitioners further submits that in view of the cut_off date fixed by respondent No.2, one must complete the course as on the date of Notification and as the Commission was reluctant to receive their applications, the petitioners along with others were constrained to approach this Court. Petitioner No.1 {iled W.p.No. 187 of 2023, andpetitioner Nos. 2 & 3 filed W.p.No.SOO of 2023. Before this Court, the question that fell for consideration was, whether one year internship as pa-rt of degree course, is a requisite qualification or not. As far as the petitioners in the case are concerned, they have completed their Degree and internship before the last day of filing of apprications. However, respondent No.2 has raised untenable objections and refused to accept the apptications. In a batch of Writ petitions, i.e. W.p.NoS. 3lO of 2023, 5OO of 2023, and lBZ of 2023, this Court directed the petitioners to make applications for consideration of their representation, with a further condition that the results would be released upon satisfying the necessa_ry eligibility criteria. The respondent No.2 carried the matter in appeal No. 2O6 of 2023 a:rd 236 of 2023. j I i i 4 3(iii) Learned counsel for the petitioners further submits that the question that fell for consideration in the Writ APPeals beforetheDivisionBenchis,whetherthecandidateshad requisite qua-lifications or not vis-a-vis Notification dated 22.12.2022- The Division Bench observed that in terms of the Notification,onemustpossessabachelor'sDegreeandthe completion of the internship has nothing to do with the completion of the bachelor's Degree in the Veterinary and Animal Husbandry Course' The Writ Appeals were dismissed' holding that the candidates' inciuding these Writ Petitioners' possessed the qualifications as set out in the Notilication ' The Division Bench further held that under the Rules framed in G.O.Ms.No.54, dated 06'06'1996' one must possess a bachelor's degree in Veterinary Science and Animal Husbandry from a recognized university for appointment to the post of Telangana State Animal Veterinary Assistant Surgeon' The make it clear that the Husbandry Service Rules would qualihcation prescribed for appointment to the post of VeterinarJr Assistant Surgeon requires a bachelor's Degree and completion of internship has nothing to do with the completion of a bachelor's Degree in Veterinary and Animal Husbandry Course. Since the candidates were already in possession of a / ,;}, 5 provrsional degree certificate, it is deemed that they possess the requisite qualihcation as set out in the Notification and as well as in consonalce with the Recruitment Rules referred to in G.O.Ms.No.54, dated 06.06.1996. The judgment in Writ Appeal No.2O6 of 2023 was delivere d on 17 .O2.2O23, ald the judgment in Writ Appeal No.236 of 2023 lr.as delivere d. on 24.02.2023. These Judgments became final since no SLp is preferred before the Hontrle Supreme Court against the said Judgments. 3(iv) Learned counsel lor the petitioners further submits that the petitioners appeared in the competitive examination of respondent No.2 and .results were published. They were holding high ranks ald their appointment is certain due to their merit ranking. However, the Secretar5r, TSpSC, was reluctant to entertain and consider the observations made by the Division Bench while dismissing their Writ Appeals, but informed that they would follow the observations of the learned single Judge stating that the results would only be released upon satisfying necessary the eligibiiity criteria as specified in the Notification. The sum and substance is that the candidature of the petitioners for appointment is rejected because they were unable to complete the internship program as on the date of Notification by TSpSC, dated 22.12.2022. 6 r\ 3(v) Learned counsel for ttre petitioners further submrts Having that the action of respondent No'2 is self-contradictory' declared the results of the petitioners in terms of the observation made by the Division Bench in W'A'No'206 of 2023 and 236 of 2023 ' he wants to stick with the observation of learned Single Judge that the petitioners would not come in the zofle of consideration as they do not possess degree qualification as their internship could not be completed by the date of Notification' Curiously' he has released the results although there was arr observation by a learned Single Judge that the results should be declared only after the criteria of the Notification are fulfilled- Respondent No'2 carried the matter in the Writ Appeals' and then comprehensive judgments were rendered by the Division Bench' It means the judgment of the learned Singie Judge gets merged with the judgment of the DivisionBench.Evenassumingthattheobservationsofthe learned Single Judge in the judgment that results shali be declared only after concluding that the candidates have fulfilled the criteria of the Notification' the Commission' having released the results, cannot say that the candidates do not meet the requirements of the Notihcation' 1 3(vi) Learned counsel for the petitioners further submits No.2 Commission is self-contradictory arrd that the decision of the respondent therefore highly arbitrar5r, illegal, amounts to showing scant respect to the judgments of the Division Bench in Writ Appeal Nos.206 of 2023 and 236 of 2O23. As such, the petitioners are seeking a relief from this Court to direct the 2.a respondent to forthwith consider the petitioners, candidature for appointment to the post of Veterinary Assistant Surgeons, Class_A, as per their merit rankings in the examination held pursuant to Notification No. 23/2022.

4. Learned counsel for respondent No.2 filed a counter stating that the Commission has issued a Notification pertaining to the recruitment of a Veterinary Assistant Surgeon (Class-A&B) in the Veterinary and Animal Husbandry Department . ald invited applications from the eligible candidates from 30. 12.2022 to 19.01.2023 and the sarne was extended from 19.01.2023 to 15.O2.2023. During the receipt of applications, some candidates, who had not qualified as on the date of Notihcation, have approached the High Court by filing W.P.Nos.i87, 310 & 1381 of 2023 requesting permission to apply for the post. When these Writ Petitions came up for I t- hearing on 04'O l'2O23' O5'O 1'2023 & 1 8'O 1'2023' respectively' the High Court made the following order: "To consid'er thetr representation for applging the post and it is made cleor thot tlle results of the appeared candidates shalt be tttith hetd and shall release onlg upon satisfAing eligible cntena as specifted in tle said' Notiftcation'" 4(1) It is further pittata that vide W'P'No' 500 of 2023' this Court was pleased to dispose of the same in its order dated to consider the the resPondents 06.O1.2023 directrng

24.12.2022 and petitioners dated representatlons of the accordance with law arld pass appropriate 28.12.2022, tn orders within a period of three weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner. The Commission preferred to file Writ Appeal No'206 andW.A'No.236of2023,(aggrievedbytheorderspassedby the learned Single Judge in W'P'No'187 of 2023 & W'P'No' 310 of 2023\, the Hon'lcle High Court disposed of the Writ Appeals directing the Commission to consider their representation' dated. 24 .I2 .2022 and pass appropriate orders' after examining the Rules. 4(iil It is further pleaded that in view of tlne above' 22 carrdidateshavesubmittedtheirrepresentationstothe Commission to permit them to apply for the post and the Commissionhasa'llowedthemtoapplyfrom22.02.2023to :\- r' r' J '1.:-: - .::.;' --7 9

27.02.2023.It is stated that the 1"r petitioner herein is one of the petitioners in W.p.No- lB7 of 2023, and. the other two petitioners of this Writ petition are also petitioners in W.P.No.5OO of 2023. The Commission convened a meeting with the Registrar ald Dean of p.V. Narasimha Rao Telangana Veterinary University to examine the curriculum of the BVSc degree and confirm whether the internship *a" a required component of the study to award the Degree. Accordingly, it has been clarified that the duration of the BVSc degree is five and half years, i.e., four.and a half years of academic and twelve months of internship. After completing the Internship, the student shall be awarded a satisfactory certificate. The provrsional certificate will be issued to candidates only after they have satisfactorily completed the Internship. As per the new regulations of the Veterinary Council of India, Minimum Standards of Veterinary Education, 2016, it is mentioned as "Degree course of Bacheror of veteinary science and Animar Husbandry shall comprise of a course studg consisting of a uriculum and syllabus specifi.ed in part_N of these regulattons spread ouer fle and. a half comptete professional gears including a compulsory internslip of "one year,, d.uration undertaken afier successful completion of alt credits as 10 a prescribed in the sYllabus'" provisrons 4(iii) It is further pleaded that TGPSC is a Constitutional Body and a Recruiting agency for the Government As such, the of SPecial Rules/ General Rules governlng the recruitment process are incorporated in the Notification' Kind attention is invited to "Rule 12(3)(a) of Telangana State and the head of Subordinate Service Rules mentioned under "Qualifications for Direct Recruitment" which reads as follows: "A candidate should possess the ocademic qualiftcotions and. expeience including practical expeience prescibed' tf ang, for the post' on the Date of Notification for direct recruitment issued bg the concerneti recruiting oqencA'" The contention of the petitioners that they should be permitted to apply for Veterinary Assistant' Surgeon Recruitment as they are about to complete their qualiiying examinations before ttre Main Examination of VAS is not tenable since all the posts should be candidates who are applying for the said confined to the Terms & Conditions of the there will be no relaxation in the same for the sake of any Notification and particular candidate' 4(iv) It is further pleaded that as per the Rules governtng the recruitment process under direct recruitment for any the candidate must possess the academic category of Post' 71 Notification As such, qua_lifications, experience etc., for the post as on the date of the petitioners, contention that they shouid be allowed to participate in the VAS recruitment process is not feasible. Hence, the candidate who has completed the internship and received the BVSc provrsronal degree as on the date of Notification, will be eligible for the post of VAS. PARA_V of the Notification under the heading of 'Important Legal provisions under sub_para_S, the following is clearly mentioned: Governing the Recruitment process, ,,All are informed that the..uarious conditions and criterion gouerned b!/ the General Rules of rdinate seruice Rules' read -"; 'f aeelicaole to ang particular seruice in guidelines or claiftcation is based on case of ang necessitll, ana matter s per the releuant General and' special prescibed herein exbting state and. ,are releuant sp."ia nu7 the d.epartments. nls the said Brt"", on7 ,..till be process"o J '" Rules in force" 4(v) It is further pleaded that it will become an adverse phenomenon to accept the candidature of the caldidates even though they do not possess the qualifications as on the date of Notification Suppose such concession is granted to the pehtloners herein some more candidates may approach this Court on the same plea or the other, which is contrary to the Rule position as well as the Terms and Conditions of the Notification. A iarge number of candidates were re.;ected in j T2 for not as on the same grounds ' r'e previous recmitments on alifications, exPerience etc' ' possessing the required qu A.P. State and Subordinate Servlce the date of Notification by the Governor in the exercise of the Rules, 1996 were made the Proviso to Article 309 of the powers conferred bY Constitution of India and the same was adoPted bY the State of Telangana vide G'O'Ms'No'196' GA (services-D) DePartment, dated 28.05'2016' with certain amendments and modifications' Rule 12(3)(a), cited supra' has been in force for more than (2) decades, and it is the practice of the recruiting agencies to follow the Rules scrupulously ' Based on the above Rule position, the candidature of a large number of candidates was rejected earlier on this ground alone and the Courts have never inclined to grant any relief in such matters so far ' as it may lead to unwelcome developments . and upset the entire recruitment process conducted by the recruiting agency' as it would be contrary to the Recruitment Rules of the Government' When similar cases fell for consideration before this Court in W.P.Nos.80O8, 8170, a67 l,9a7O and 15912 of 2O18' this Court in its common order, dated 02'05'2018' dismissed the Writ Petitions by making the following observations: "In the present cose, the notification speciftcatlg prescibes thot the oppltcants shall possess the reqlti-site quali'ficatiorts 13 as on the date of notification. Therefore, the cond.idates u,,ho posse-ss the requisite qtalijicotion as on the date oJ. notiftcation, alone are eligibte and. the petitioners, u.tlto acqulred- requisite qualification subsequent to date of notif.cation, cannot be said to be eligibte, as such the contention of the counsel for the petitioners in this regard, ts rejected." Accordingly, prayed to dismiss the Writ petitions. In these two cases, at the time of admission itself, the interim direction was given stating that .Ang appointments to the post of Veteinary Assistant Surgeons Group_A, pursuant to the Notifrcation No.23/2O22, shalt be subject to the outcome of the Wnt Petitions." 5'

6. Petitioners filed a reply affidavit to the counter stating that they have necessary qualifications as on the date of Notification as prescribed in the rules and, as such, they are entitled to be appointed to the post of Assistant Veterinary. Surgeon Class-A since no practica,l experience is prescribed for the above post in the rules, they are fu115z qualified in terms of Rule 12(3)(a) of Telangana State and Subordinate Service Rules. Since the petitioners possess the necessary qualifications and fulhl all the terms and conditions of the Notificationasonthedateofnotificationandtheyseekno relaxation and are enrolled with the A.P.Veterinary council and they are undergoing rotational internship training' It was .) 74 further averred that even the complehon of the rotational internship trarning was delayed due which caused the courses to run to the Covid-l9 Pandemrc' six months behind the Court has directed the 2nd schedule ' Therefore, this the aPPlicatrons' petitioners decision to resPondent to recelve 6(i) Petitioners directions of this Court there were further Pleaded that to consider the representations of the d,ated, 24'12'2022 atd 28.12.2022 in accordance with law, and Pass aPProPriate orders and communicate the the petitioners' However' to date' no has been received by the petitioners' which would show the scant respect to this Court' Furthermore' 1n paragraph 6, the respondent refer to the Writ Appeals preferred by them against the orders of the learned Single Judge' however, it is not true that the Writ Appeals are disposed of with directions' The Hon'b1e Division bench dismissed the Writ communicatron Appeals. 6(ii) Petitioners further pleaded that in para 9' the 2"d respondent would refer to the regulations of 2016 issued by the Veterinary Council of India minimum standards of Veterinary education, holding that the course is spread over 5 years and a compulsory internship of one year' After the successful \ 15 completion Veterinary Staldards, the syllabus, the these minimum of all credits as prescribed in Council of India has prescribed w'hich vzlrrous Universities in the country are to follou, the due course. However, it is not stated as to whether the P.N N.R Telangana Veterinary University has adopted these guidelines issued by the VCI or not, but on the other hald, it is to be seen that the petitioners are issued with provisional certificates after completion of their course arrd the internship so far as termed rotational internship training. Therefore, lor all the purposes, it is to . .be taken that the petitioners are qualified as on the date.of Notification 23/2022_ 6(iii) It is further pleaded by the petitioners that in para 10, the 2"'t respondent wourd state about the pubric Service Commission and refer to Rule l2(3)(a) of Telangana State ald Service Subordinate Rules. However, it is to be seen that only academic qualifications are prescribed 'in the Notification, and no "Practical experience" is prescribed, and in paragraph 10, the 2"d respondent would try to refute the contention of the petitioners, but it is to be seen that as per the terms and C0nditi0ns o[ Lhe notification they are well within ttreir right to make application and contest for selection' Accordinglv' to allow the Writ Petidons' Prayed I 16 GS OF TIITS coURT FINDIN

7. The Telangana State Public Service Commrss Notification No.23 12022, dated 22.12.2022, for the Post of ion issued VeterinarY As SistantSurgeon(CIass-A&B)intheVetertnary usbandry Department (General Recruitment)' and Animal H Educationa Oua1ificatiolls: I the requisite qualihcations as relevant Service Rules' Indented p o1 Sro Name the Post Veterinary Assistant Surgeon (C1ass-A) u O ofSeRul ehCaBaSSeSSo APPlicants must Possess detailed below sPecihed in the by the DePartment , as on the Date of Notificatton' alifrcations as otiaCuEd fp. the department eC No. tSu M Scene1Sc I e S1ervn U Sr1o ehcaBaSSSCS tSuM 1n mA Secenc1S notCa tneval e nnotI tut1SnI nU t no So t daGr PoSal S t d1 e p E Io o araP tSumro IooaP th c eS nr1 n Su tm p SSeSo e cenCS qualiiications for Vetertnary Assistant Surgeon (Class-B) Ant notIca INnoti In Sa teM a tuSt1 The educational tee r1n S a

02. 1 specilte d in the D e uH namrof I dn dnabS v f oab tS1 d oe Cr e n1 dnbaSu v net r D e I H ZCd Co dnador abaro dn la I 1 r boCM maoI p 1n 1D oonummI 1m o o SrtS ea e D e MaSSSeS thwCn e B o1 r e n r1e eDSf ealH bPu the Vetennary 1o onh o o Assistant Surgeon (Class-A) post' as on the date of Notification' clearly mention that a candidate must possess a Bachelor's Degree in Veterinary Sciences and Animal Husbandry or its equivaient qualihcation from any recognized University I 1,7 Institution in India or abroad. If any candidate does not possess the requisite qualifications as stated supra, he is not eligible to apply for the said post. 8. A perusal of the judgment in Writ Appeal No.2O6 of 2023 whetein it is observed at para No.6 of the judgment as under: "At this stage, learned. Standing Counsel appeanng for the appellant contended that as per the Veterinary Council of India Regulations, the Degree includ.es completion of Bachelor's Degree in Veterinary Science and Animal Husbandry and intemslip. But, the said Veteinary Council of India Regulations are neither prod.uced nor made aua abLe to th.e Court, so ris to enable this Court to examtne the said Requlations. The material placed. on record. would moke it uery cLear that the respondent Nos- 1 to 27 do posses.s the requisite qualiftcations, as set out in the notifcation as utell cts in the recruitment Rules. Therefore, this Court is not inclined to interfere u.tith the impugned order. Further, if the respondent Nos. I to 27 are pennitted to appear rn the selection process, no prejudice tuould be caused to the appellant and the learned Single Judge has taken enou!,lh care by directing the appeJlant to consider the representa.ti.otl, dated 24.12.2022, of the respondent Nos.l to 27 end pass appropiate orders, afier examining the Rules. On this ground also, this Court is not inclined to interfere uith the impugned order passed bg the leorned Singte Judge of this Court. The Wit Appeol is, occordingly, dismissed. " The judgment mentioned above' makes it clear that the learned Single Judge only directed the ar:'thorities to conslder dated 24 '12 '2022 ' When the matter was the representation t 1 L i 18 carried in any specific appeal by the authoritie s ' it was disrnissed without direction to the respondent authoritres g. A perusal of ttre record would reveal that the petitioners obtained a Provisional Degree certificate from P'V' Narsimha Rao Telangana Veterinary University orr 09 'O2'2O23 and the petitioners are registered with the Telangana State Veterinary Council on O2'O2'2O22' 24'02'2023 and l4'O3'2O23 respectively' The N otification indicates that applicants must possess the requisite qualifications for the specihed posts' as specified in the relevant Service Rules' as indented by the Department, as on the Date of Notilication i'e' 22'L2'2O22' However, the Petitroners obtained a Provisional Degree certificate from P.V. Narsimha Rao Telangana Vetertnary Universitv on O9'O2'2O23' which is subsequent to the date of the Notification.

10. At the time of hearing, learned counsel for the respondents brought to the notice of this Court that the recruitment process is closed, the Unit list was sent on

04.1O.2024, and results were already announced. As per the new regulations of the Veterinar5r Council of India, Minimum Standards of the Veterinary Education, 2016, it is mentioned as "Degree Course of Bachelor of Veterinory Science and Animal 19 spread tncluding undertaken Husbandry shall comprise of a course studg conststing of curriaium and. sg abus specified in part-IV of these regulations ouer fi.ue and a halJ. complete professional a compulsory internship of ,,one after sv66sssful completion of all credits as prescribed in the sallabus.,, As the petitioners in both the Writ Petitions did not have provisional certilicates with them as on the date of Notification, their case is liable to be rejected. As such, the Writ petitions are liable to be dismissed. 1 1. Accordingly, both the Writ petitions are dismissed. There shall be no order as to costs. Aear,, d.uration Miscellaneous petitions, if any, pending shall stand closed. SD/- T. JAYASREE DEPUTY REGISTRAR /ffRUE COPY// SECTION OFFICER / oneCCtoS RI CH.SAM SON BABU, Advocate OneCCtoSRI N IMMA N ARAYANA, Advocate Two CCstoGPF OR SERVICES-II, H igh Court foIYSL"" or relansana' at SRI '"'A *oro"n=*R, sc FoR rcPSC toPucl bad to Hy eCCto On Two CD CoPies To 1 2 J 4 5 PSK. BM HIGH COURT DATED:03 tTtt2O2S I COMMON ORDER WP.Nos.941B AND 9290 of 2024 tril sI4 I€ c ,) ) 5 11 ilE zffi * a o^ \i -t, .?1.:yt_sstNc rHE wRtr PEflfloNS WITHOUT COSTS g /A[-1 ' *