The High Court · 2025
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Petition under Article 226 of the Constitution of lndia praying that in the clrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of MANDAIVUS. (a) by declaring the entire action of the respondents particularly action of the 3rd respondent in not reckoning the case of the petitioner for seniority, regularization in and declaration of probation in the cadre of Physical Education Teacher (P.E.T.) on par with his batch mates of DSC - 2008 extending the benefits of similarly situated person one Sri IVd. Shabbeer, PET, ZPHS(G)(U/M), Alampally, Vikarabad t\ilandal, Vikarabad District, in pursuance of the orders passed in W.P.No.25295 ol 2023 and also the orders passed by the Honourable High Court order dt.1 110712017 in W.P.No.21193 oI 2017, wherein the judgment of the Honourable Tribunal daled.21-O4-2016 in OA.No.34 of 2O15 was upheld with all consequential benefits, is as illegal, arbitrary, discriminatory and vioilative of Articles 14,16 and 21 of the Constitution of lndia. and (b) Consequently direct the respondents to consider the case of the petitioner for Notional Seniority in the cadre of P.E.T. with all consequential benefits, on par 7,/ with his batch mates of DSC - 2008 extending the benefits of similarly situated person one Sri IVd. Shabbeer, PET, ZPHS(G)(U/N/), Alampally, Vikarabad Mandal, Vikarabad District in pursuance of the orders passed in W.P.No.25295 of 2023 and also the orders passed by the Honourable High Court order d1.1110712017 in W.P.No.2l 193 oI 2017, wherein the judgment of the Honourable Tribunal dated.21l04l2016 in OA.No.34 of 2015 was upheld with all consequential benefits. lA NO: 1 OF 2025 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 direct the respondents to consider the case of the petitioner for Notional Seniority in the cadre of RE.T. on par with his batch mates of DSC - 2008 extending the benefits of similarly situated person one Sri Md. Shabbeer, PET, ZPHS(G)(U/[M) Alampally, Vikarabad IVlandal, Vikarabad District, in pursuance of the orders passed in W.P.No.25295 of 2023 with all consequential benefits by passing appropriate orders on the petitioner's representation dt.1 0-03-2025. Counsel for the Petitioner: SRI ARVIND KUMAR KATA Counsel for the Respondents: GP FOR SERVICES-I The Court made the following: ORDER -/ THE HON'BLE SRI JUSTICE NATVIAVARAPU RAJESHIVAR RAO WRIT PETITION No.1O743 of 2O25 ORDER: The present Writ Petition is liled to declare the entire action of the respondents, particularly, action of the 3.d respondent in not reckoning the case of the petitioner for seniority, regularization and declaration of probation in the cadre of Physical Education Teacher (P.E.T.) on par with his batch mates of DSC-2008 extending the benefits of similarly situated person one Md. Shabbeer, PET, ZPHS(G)(U/M), Aiampally, Vikarabad Mandal, Vikarabad District
2. Heard Sri Arvind Kumar Kata, learned counsel for the petitioner and learned Government Pleader for Services-I appearing for respondents.
3. Learned counsel for the petitioner submits that the petitioner belongs to BC (D) community and native of Ranga Reddy District. While so, a Notification was issued vide Rc.No 3467lDllDSC-2OO8/2012, dated 06.1t.2ot2 by DtrO/Convener, DSC 2008 i.e. the 3..r respondent for recruitment of Teachers, including the post of Physical Education Teacher (PET). The petitioner applied for the salTl e under Non-Local quota in DSC 2008 in Hyderabad District. 2 \ During the process of selection, petitioner secured 42 marks ard 1311, rank
4. Learne.d counsel lor the petitioner further submits that in pursuance of the orders passed by the Hon,ble High Court in I.A.No. 1 of 2023 in Wp.No.369Z3 of 2014, dated 04.O4.2O24, petitioner ,*,as appointed as a physical Education Teacher (Telugu Medium) and posted him at Government High School, Afzalgunj, Ctharminar vide Rc.No.4266lDtlDSC2OO 8/2024, dated 1O.01.2025 issued by the 3.d respondent. In pursuance of the same, the petitioner joined and discharging his duties. 5. Learned counsel for the petitioner further submits that though there rvas no fault on the petitioner, the appointment orders rvere issued belatedly, and the petitioner is entitled to grant senioritl, on par i.r,ith his batch mates of DSC_2OOB with all consequential benefits such as Seniority, pay fixation and other consequential benefits. In similar circumstalces, in the DSC-2O08, One Sri Md. Shabbeer, physical Education Teacher (PET)' zPHS, (G) (u/M), Alampally, vikarabaad Mandar & District, approached the Hon'ble High Court by liling W.P.No.2529S of 2OZ3 and, this Court vide its order, dated 29.O3.2023, directed to extend the benefit of notionai seniority to the petitioner in the cadre of p.E.T. on par q.ith his batch J mates of DSC-2OOB. In pursuance of the orders of the above . - orders, the 3rd respondent accorded notional seniority in the cadre of P.tr.T. on par with his batch mates of DSC-2OOB, vide Proc. Rc. No.7682/A4 12017, dated 22.01.2025 6 . Learned counsel for the petitioner further submits that the petitioner also made a representation to the respondents on 1O.03.2025 seeking Notional Seniority in the cadre of P.E.T. on par '"r,ith his batch mates of DSC 2008 extending the benefits of similarly situated person one Sri Md. Shabbeer, PET, ZPHS(G)(U/M), Alampally, VikarabadMandal, Vikarabad District with all consequential benefits, but so far no orders have been passed I / 7 . Learned Government Pleader for the respondents submits that for disposal of the petitioner's representation dated 1O.O3.2025, they do not have any objection.
8. Having regard to the submissions made by the learned counsel for respective parties, this Court, without expressing any opinion on the merits of the case, direct the respondent authorities to consider the petitioner's representation, dated
10.03.2025 and pass appropriate orders, in accordalce with \\ 4 \l\ law, within a period of eight (08) weeks from the date of copy ol receipt of this order.
9. With the above direction, this Writ Petition is disposed of There shall be no order as to costs Miscellareous applications, if any pending, shall also stand closed. SDI A.V.S.PRASAD DEPUTY REGISTRAR ,TRUE COPYII SECTION FFICER The Principal Secretary, School Education Department, Secretariat, Hyderabad, State of Telangana. The Director of School Education, Govt. of Telangana, Hyderabad. The District Educational Officer, and Convenor, D.S.C.- 2008, Hyderabad. One CC to SRI ARV|ND KUtulAR i(ATA, Advocate [OPUC] Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2 2 4 q 6 PSK. TKS HIGH COURT DATED:2810712025 ORDER WP.No.10743 of 2025 J o jt) c 't t oR lHt Sl ,l 05 ru6 il6 at^.o 'ltcu= e ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?A