High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ' order or direction' more particularly one in the nature of Writ of Mandamus and Declaration' thereby Declaring the action of Respondent No. 1 in rejecting the candidature of Petitioner for the post of Lab Technician Grade- ll as being illegal, arbitrary' unfair' unknown to service jurisprudence,violativeofArticlesl4and2loftheConstitutionoflndia,contrary to original Notification No. 67/2017 dated 18-12-2017 and also contrary to G.o. I\rls. No. 88 dated 15-02-2018, and consequently, Direct the Respondent No 1 to declare that the Petitioner is entitied to be appointed for the post of Lab Technician Grade- ll as per merit list in open or sc category in any one of the existing vacancies with all consequential benefits' inruo:1OF2 024 ,,/ ror tlre 151 cPc praying tl of the petition, ;"'"t '' to consider t;;:i;, petition under St the circumstances stated in the affidavit filed in s n'nn court mav be pleased to direct the Respondent Aupport -* '-idature of the Petitioner who is quarified and erisibre ,o'o ' reserving one seat ,o,. ,lu looo'nteo petition, and pass he Petitioner' o""o'n *""1:::J;"Jff:::'.1T;:i Counsel for the petitioner: Counset for the Respondent No.1r SRI p.S.RAJASE counset forthe Respondr rhe court made the ,.,,J;J::j.';"" SRI BAGLEKAR AKASH KUMAR :KHAR' sc FoR TGPsc FoR sERucEs T-_ --,j ,,, THE HON,BLE SRI JUSTICE NAMAVARAPU BAJESHWAR RAO PETITION No .10574 of2 o24 ORDER: This writ petition is filed seeking the following relief ,,-....to issue an appropiate uit' order or a;tea*n more partianlarty one i' 1lE nature -of *., ,l Mandamus and Declaration' thereby ' a"aoAng the action of Respondent No'1 in rejecting the candidatttre of petitioner for the oi", i *o Technician Grade-II as beinT tlteg.al'- orbitary, unfair' unknorltn to serutce jurispntdence' uiolattue of Articles 14 and 21 of tfe Constidttion tif lndia' contrary to oiginal N otiftcation N o' 67 / 2 0 1 7' dated 1 B' 1 2' 2 0 1 7 and also contrary to G'O'Rt'No'88' dated 1 5. 02. 2 0 1 8 ond consequentlg direct respondent No.1 to declare that the petitioner is entitled to be appointed for the post of Lab Tecfutician Croi.-tt as per meit list in Open or SC category in ang one of the eisting uacancies uith atl "ryr" . ential benefits ' ' 2. Heard Sri Baglekar Akash Kumar' appearing for the Petitioner and Sri P'S'Rajasekhar' learnedStandingCounselappearingfortherespondents. 'learned counsei F-- I .l

3. Brief facts of the case are as follows :_ (i) The l"t respondent issued Notification bearing No.67/2012, dated 18. l2.2OlZ for filling up the posts of Lab Technician Grade_II in DpH and FW, DME artd Lab Technician in TWp. The educational qualification for the said posts u.as intermediate, DMLT or B.Sc. (MLT) from the recognized University and the candidate must be registered vvith para medical board Ap/TS. When some of the students challenged the above Notification before this Hon'ble Court, the Hon'ble Division Bench of this Court in W.A.No.188 of 2O 1 B dated OZ .O2.2O lB directed decision, if the grrevance of the respondents to be considered. appellants therein can direction of this Court, the issued G.O.Rt.No.gg, Pursuant to the Government of Telangana dated 15.02.201g, wherein twelve courses approved by Para-Medical Board 2..1 respondent were made eligible for the post of Lab Technician Grade_II. Out of the twelve courses, L!.Sc. (Micro Biologz) being one. (ii) Based on the said G'O Rt'No'88' the l"t respondent issued a Web Note calling upon the candidates' who are having qualifications as per the said G'O'' to apply for the post of Lab Technician Grade-II' Thereafter' the 1"1 respondent issued another Web Note extending the last date for submission of applications upto 1O'O3'2O18' The petitioner belongs to Scheduled Caste community and completed his intermediate education through the Board of Intermediate Education in the year 20O6 with 'B' Grade' Thereafter, the petitioner has completed his graduation in Bachelor of Science (B'Sg) from the Osmania University in the year 2OO8-2OO}, and the subjects in B'Sc'' were Botany, Chemistry and Microbiologr' (iii) The course of B'Sc (Micro Biologr) was approved by the 2.,r respondent and to that extent, G'O'RI'No'SS was issued by the 3'd respondent and therefore' the petitioner made an application to the 2nd respondent for grant of Certificate of Registration as per the Telangala Para Medical Board Act, 2O06. Based on the said application' & j I the 2"a respondent grarted certirrcate of Registration as Para Medica_l Technician/ professional in Medical Lab Service "'ide proceedings dated 06. 03.20 I g. since the petitioner is erigibre as per the revised Notification, he has . applied for the post of Lab Technician Grade II in onjine mode by uploading all the reqUisite documents. The petitioner has appeared fo,r the examination and he has obtained q3.284 marks out of IOO marks. Thereafter, the 1"1 respondent called the petitioner for certificate verification. At the .time of certificate verification, the Verification Officer, of the 1"t respondent noted that the Registration of para Medical Certificate was issued a_fter Notification i.e., lg. 12.2017. Thereafter, an official of the 1"r respondent informed the petitioner over phone that he is ineligible for appointment to the post of Lab Technician Grade-II, as his Certificate of Registration as a para Medical Technician/professional in Medical Lab Service was issued on 06.03.20 18 i.e., after lg.12.2OlZ. Aggrieved thereby, the petitioner has filed the present writ petition. 5 4 Learnedcounselappeafingforthepetitionersubmits 2nd respondent and that Pursuant to the aPProval of the course of B'Sc (Micro issr.rance of Biolory) bY the G.O.Rt.No.88, dated 15'O2'2}la' by the 3'd respondent' the petitioner, who studied the course of B'Sc (Micro Biologv) is to the Post of Lab Technician aPPointment eligible for As such, he applied for and was gralted the 06.03.2018. The 1't of Registration respondent also extended the deadline for submission of application upto 10'O3'2018' within which the petitioner applied, thereby making him eiigibie' Certificate Grade-II.

5. Learned counsel appearing for the petitioner further submits that the petitioner completed his intermediate in 2O06 ald B.Sc', in 2OO8-09 i e'' well before the date of original Notification No'67 of 201'7 ' dated 18'12'2017 ' The requirement under point No'4 of the original Notification is with regard to qualification from a recognized University/ Institution as on the date of Notification' The Certihcate of Registration, being a professional recognition ,s * I 6 rather than an educational qualification, can be issued s siona-l. Medical / profe Technician date. The the Notification even after Certificate of Registration is not an educational qualification but rather a recognition by the 2.d respondent to practice as Para- However, the respondents, without considering the Certificate produced by the petitioner, erroneously rejected the case of the petitioner for appointment to the post of Lab Technician Grade-II. Therefore, appropriate orders be passed in the u,rit petition by allowin$ the writ petition and directing the respondents to corlsider the case of the petitioner for appointment to the post of Lab Technician Grade-lI. 6.(i). Learned Standing Counsel appearing for the respondents filed a counter affidavit stating that the petitioner has completed B.Sc. (Micro Biologz) course in the yeat 2OO9. and the sarne was registered with the para Medical Board on 06.03.2O1g i.e., after the date of issuance of Notificatio n No.6Z /2017 for the post of Lab Technician. According to para 1 (4) of Notification No.67 of 7 2Ol7, trre applicants must possess the quaiification from a recognized' University/ Institution as specified in G.O.Ms.No-166Health,MedicalandFamilyWelfare(B1) Dept., dated Og'Og'2017, as on the date of Notification' The qualifications as specified by the Department vide G.O.Ms.No.166, Health Medical and Family Welfare (B1) Dept, dated Og-Og-2O17 are that the applicants must possess a) Intermediate' b) DMLT or B' Sc (MLT) from a recognized university, or any other qualification as specilred in G'O'Rt'No'88' dated l5'O2'2O18 from the recognized' university, and c) registered with the Para- Medical Board AP/TS' (ii) It is further stated that as per Para-I (4) Education Qualifications of Notification' the appiicants must be registered with TS/AP Paramedical Roard as on the date of Notification i.e., 18l12/2017. However, the of Paramedical Certificate is after the date of registration Notification i.e., on 06 lO3/2OlB' Hence, the petitioner's 8 qualilication cannot be considered for appointment as a Lab Techniciarr Grade_II vide Notificat ion No.67 / 2017 . (iii). It is further stated that as per para-4 (II), educational qualification in Category Wise, a carrdldate is made eligible for the post of Lab Technician, if he/she is registered with the para_Medical I Board AP/TS. The candidate must satisfy both the conditions as on date of issuance of Notification, as mentioned in para- f (4) of Lab Technician Notification, for the post or Lab Technician Grade- Ii. (iv) It is further stated that out of twelve courses approved b], para Medicai Board, B.Sc. in Microbiolog, is one arnong them, which is made eligible for the post of Lab Technician Grade_II vide G.O.Rt.No.BB, dated: tS.O2.2OlB. Tu,elr,e more courses were made eligible for the post of Lab Technician Grade_II, but no exemption was given for registration of those courses as on the date ol_Notification. In addition to the courses mentioned in G.O.Ms.No. 166, Twelve (12) more courses were added and were given 9 eligibility for the post of Lab Technician Grade Il through G.O.Rt.No.8S, but the registration with Para Medical Board of those courses is compulsory as mentioned in G'O'Ms' No.166 and the registration must be as on date of issuance of notihcation, as the registration is part and parcel of the for the Post of Lab Technician qualification mentioned Grade -lI. (v) . It is further stated that the Commtssron through Web Note d'ated' 77'02 2O18 has informed the candidates that the Gov€:rnment has issued G'O'Rt'No 88' datedl5'O2.2olsinctudingtwelveadditionalqualifications to the existing qualification for the post of Lab Techniciart Grade.IIvideNotificationNo.67l2o17,datedl8.l2.2ol7 arrd through Web Note dated' 24 'O2'2O 18 has informed that thelastdateforsubmissionofapplicationsisextended upto 10.03'-2018. From the web note dated 17'O2'2018' it is clear that only addition of twelve qualifications to the existing qualifications mentioned vide Notification No.67/2O17. Hence, there is no chalge in the eligibility g l0 cnteria i.e possessing gualification and its registration with Para Medical Board as on the date of notification. (v il It is further stated that as per Ruie_l2 (3) (a) of the Telangana State and Sub_ordinate Service Rules, a candidate should possess the academic quatifications and experience including practical exper:ience prescribed, if an5. lor thc post as on the da.te of the notification for direct recrurtment jssued by the concerned recruiting agency (vide arnendment in G.O.Ms.No.464, dated, tO.11.1gg1). Therefore, not only thd quarification, experience, but the registration of the qualification should also be done as on the date of Notification. (vii) It is further stated that the petitioner at the trme of submission of application, entered his qualification as B.Sc. Microbiologr and his year of passing as 20O9. At the time of verification of original certificates, it is noticed that B.Sc. Microbiologr is registered with the paramedical Board on 06-03-201g i.e., after issuance of notification on i8-12-2O17. Hence, his candidature was rejected as he 11 does not possess the required qualification as on the date of issuance of first notilication lor the

7. karned Standing Counsel appearlng respondents submits that the respondents have rightlY rejectedthecaseofthepetitionerforappointmenttothe post of Lab Techniciart Grade-II and therefore' the writ petition is devoid of merits'and the same is liable to be dismissed 8(i) Learnedcounselappearingforthepetitionerfileda rejoinder stating that the petitioner has completed intermediate in the year 20O6 and B'Sc (Microbiologr) in the Year 2OO8-09 i'e much Prior to issuance of Notification.Section2(h)and(i)oftheTelanganaPara Medical Board Act, 2006, states as follows :- (h) "Para Medical Course" meons courses for t'he au.tard of any degree, diploma or cetlificate as notifred by Gouernment from time to time (il "Para Medical Technician" or "Para Medical ProJessional" means persons a's maA be specified and notified bg the Gouemment as Para Medical \ & 12 Te chnicians/ para Medic, tone. al professionals from time to (ii) It 1n G.O.Rt.No.BB, dated tS.O2.2Ot8, given the registered Certificate lhereafter. further stated that pursuant to Respondent No.2 has on 06.03.2018 and the petitioner has applied for the post of Lab the time of original Technician Grade_II. Therefore, at Notification dated 18.12.2017 B.Sc. Microbiolog, was not the para medical course and it became the para_ medical course after lssuance of G.O.Rt.No.gB, dated 15.02.2018. The recognrtion of a course by the para_ medical board is not an educational qualification, but a mere recognition of that course as per Section 2(h) ana Section 2(i) of the Teranga,a para Medica_l Board Act, 2006. But, the respondents, without considering the Certificate submitted b.v the petitioner, erroneously rejected the case of the petitioner for appointment to the post of Lab Technician Grade-lI J .Technician g. Having considered the rival submissions made by the learned counsel for the respective parties' this Court is of the considered view that the respondents have issued Notification on 18'12'2017 for filling up the posts of Lab Grade-Il and the educational qualification for the said posts was intermediate' DMLT or B'Sc' (MLT) from the recognized University and. the candidate must be registered with para-medical board AP/TS' Hou'ever' pursuant to the order of the Honble Division Bench of this court in w.A'No'188 br zorg' dated 07'02'2018' the Government of Telangana issued G'O'Rt'No BB' dated 15.02.2018 including twelve courses approved by the 2"d respondent ald out of the said twelve courses' one of the course was B.Sc (Micro Biologr)'

10. In the instant case, the petitioner has completed intermediate in the year 2006 and B'Sc (Microbiologr) in the year 2OO8-2OO}. The course of B'Sc (Micro BioioS') was approved by the 2'd respondent and to that extent' G.O.Rt.No.88, dated 75'O2'2Ola was issued by the 3'd d i I 14 respondent and therefore, the petitioner made a-n application to the 2.a respondent for grant of certificate of Registration as per the Telalgana para Medica-l Board Act, 2006. Based on the said application, the ),,a respondent granted certificate of Registration as para Medical Technician / professional in Medical Lab Service vide proceedings dated 06.03.20.1 8. 1 i. Since rhe petitioner is eligible as per the revised Notification, he has applied for the post of Lab Technician Grade II in online mode by uploading a_ll the requisite documents. At the time of certificate verification, the Verification Officer of the 1"r respondent noted that the Registration rvas after Notification i.e. lB. 12.2OI2. After the certificate verification, the respondents have rejected the case of the petitioner for appointment to the post of Lab Tecl-rnician Grade-ll, as his Certilicate of Registration as Para Medical Technician/ professionaj in Medical Lab Service lr,as issued on 06.03.2O18 i.e., after lB.l2.2OIT. 15 Medical resPondent not imPose G.o.Rt.No.88,

12. A Peru sal of the revised Notification l'e '' dated 15'02'2018 discloses that the 3'd resPondent has added 12 courses approved bY the 2"d tn the said Notihcation' the 3'd respondent did any condition requiring the registration of Para 1n Medical Lab Technician/ Professional Technrcran When the respogdent authorities approved the twelve subjects in the same Notification' they did not say anything with regard to Para Medical Certificate or otherwise they ought to''have mentioned that they would accept the Para Medical Certificate obtained prior to the l"t Notification'Admittedly,thepetitionerpossessedthe required qualification much prior to the Notification t'e ' tn the year 2OOB'2OO9' In the absence of aly specific condition with regard to registration of Certificates in the saidG.O.,thecontentionoftherespondentsthatthe petitioner has obtained the registered Certificate after issuarrceofNotilrcationisnotacceptable'Asthepetitioner is eligible for appointment as a Lab Technician Grade-II' d v & i i I I i l6 pursuant to G.O.Rt.No.8g, dated 15.O2.2Olghe applied for grant of Certificate of Registration as para Medical Technician / professional Medical Lab Service. As contended by the petitioner, the respondents have erroneously rejected the case of the petitioner without considering the Certificate of Registiation submitted by the petitioner

13. The petitioner has not obtained the Registered Certificate at the time of issuance of earlier Notification. However, pursuant td issuance of G.O.Rt.No.gB, the petitioner made ar1 application before the 2.a respondent for grant ol Certificate of Registration ald accordingly the 2",1 respondent has granted Certificate of Registration on 06.03.2018. In the instant case, the petitioner has completed iris graduation much prior to the issuance of the Notification i.e., in the year 2OOa-2OOg . Therefore, the action of the respondents in rejecting the case of the petitioner firr appointment to the post of Lab Techniciar Grade-II on the ground of not registering t] Paramedical/Professional Certihcate at the time of frrst Notification, is not acceptable and the same is violation of the principles of natural justice' herebY directed to 14. Hence, the resPondents are consider the petitioner's candidature for appointment to the post of Lab Technician Grade-II by duly taking into account the Certificate of Registration as a Para Medical Technician/ Professional in Medical Lab Service obtained by him on 06.03.2018, if the petitioner is otherwise found eligible, and Pass aPProPriate orders in accordance with law and duly communicate the outcome to the petitioner

15. Accordingly, the writ petition is disposed of' There shall be no order as to costs' Pending miscellaneous petitions, lf any ' shall stand closed. //TRUE COPY// SD/:MOHD.ISMAIL EPUTY REGISTRAR SECTION OFFICER To,

1. The Secretary, Telangana State Public Servic Commission (TSPSC), Address Prathibha Bhavan, lv1.J. Road, Patel Nagar' Besides Gandhi Bhavan' Nampally, HYderabad- 50000 2. The Secretary, Telangana Pa ra Medical Board (TPM# Address Room No Co mplex, Behind KendriYa lEducatio 1 306, The Directorate of lViedica Sadan, Koti, HYderabad - 500095 :#, amily Welfare Department,

3. The PrinciPal Secretary, Health, [Vledica Secretariat. Hyderabad, $9te of Telangana

4. OneCC to SRI BAGLEKAR AKASTKUMAR' Advocate [OPUC] 5. one.CC to SRI P.S.RAJASEKHAR, SC FOR IGPSC IOPUC] 6- Two CCs to Gp FoR SERV'CES, High court for the state of rerangana at Hyderabad IOUT] 7. Two cD cnniac @' HIGH COURT DATED:1 OtO6t2O2s fr 1t'{i ,S 14 ( a-t !- 11 rUE M a e -./ -lt\ ,,/ ORDER WP.No.10 St4 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS k- f 4