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 a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 3rd respondent in appointing the petitioner for the post of music teacher in residential educational institutions societies as per general notification No.08/2023, dated.05.04.2023 pending petitioners representations dt 24.01 .2025, as illegal, arbitrary and violative of Article '14, 16 and 21 of Constitution of lndia lA NO:1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filqd i4 suppsrt of the petition, the High Court may be pleased to grant interim orders directing the 3rd respon!ent to pass orders on petitioner's representation dt24.01 .2025 pending disposal of the above writ petition Counsel for the Petitioner: SRl. B BALAJI Counsel for the Respondent No.'l: cP FOR $ENERAL ADMINISTRATION Counsel for the Respondent NO.2: GP FOB $OCIAL WELFARE Counsel for the Responflent |1o.3: 9Rl N. RAMESH SC FOR TREIRB Counsel for lfte Rqspondent Nos.4 tp 7: SRI S. BHUPAL REDDY SC FOR TSWREIS The Court made the following; ORDER ',i f w THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPANA trRIT PETITION No.12321 of2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: '......to issze LDit order or direction more partia arlg one in the nature oJ WRIT OF MANDAMUS declaring the action oJ the 3rd respondent in appointing the petitioner for the post of music teacller in residential educational institutions socrer.es as per general noti.fication No.08/2O23 dated 05.04.2023 pending petittoners representations dated 24.01.2025 as illegal arbitrary and uiolatiue of Article 14, 16 and 21 of Constihttion of India and to pass such other order or orders..."

2. Heard Mr. B.Balaji, learned counsel for the petitioner, learned Government Pleader for General Administration appearing for respondent No. 1, learned Government Pleader for Social Welfare appearing for respondent No.2, Mr. N.Ramesh, learned Standing Counsel for Telangana Residential Educational Institutions Recruitment Board appearing for respondent No.3 and Mr. S.Bhupal Reddy, learned Standing Counsel for Teiangana Social Welfare Residential Educational Institutions Society appearing for respondent Nos.4 to 7. Perused the material available on record.

3. The present Writ Petition has been frled by the petitioner aggrieved by the action of respondent No.3 in not appointing the petitioner to the post of Music Teacher in the Residential ./,t''' I I ::.,.:i 2 wP_t2321_2025 NBK, J Educational Institutions Society, despite the petitioner,s pending representation daLed 24.O 1.2025.

4. Learned counsel for the petitioner submits Lhat the petitioner holds a Degree in Master of Performing Arts (M.p.A.) in Andhranatayam, which was passed with first division in the year

2023. The petitioner further claims that he has been working as a Guest Teacher at the Bodhan Boys Residentiai Educational Institutions Society since 2018 and as a Guest Faculty from 2022 to 2024 in the Residential Educational Institutions Societ5z as a,perini Dance Mastcr' ."vhich was introduced by the petitioner for the hrst time in the said institution.

5. Learned counsel for the petitioner furthcr submits that respondent No.3 issued Notihcation No.08/2023, dated 05.O4.2023, for General Recruitment to fill 123 vacancies for the post of Music Teacher in Residential Educational Institutions Societ5i. The petitioner applied for the same and, thereafter, was issued Hall Ticket No.23O3007598. It is further submitted that the petitioner appeared for the written test, completed certilicate verification, and participated in the demo session, in which he secured a score of 8.67. Despite completing all stages of the selection process and 3 wP_t2321_2025 NBK, J possessing the requisite qualihcation as per the notification (M.A. Folk Arts/M.P.A. from a UGC-recognized institution), the petitioner was not selected for the post of Music Teacher.

6. Le arned counsel for the petitioner further submits that the grievance of the petitioner is that despite qualifying through the 1:2 selection process, the petitioner was not selected. The petitioner contends that although the notification permitted qualilications in M.A. Folk Arts/M.P.A. from a UGC-recognized institution, the demo was conducted only in music by music examiners, without considering dance as a specialization. Thus, the petitioner alleges violation of the recruitment notification and terms by not having a dance specialist in the demo panel. Learned counsel further contends that out of the 123 posts notihed vacancies, only 96 posts were filled. The remaining 27 posts were left vacant allegedly due to the absence of appropriate examiners for the Perini Natyam specialization in dance, which was essential for the petitioner's qualifications.

7. lrarned counsei for the petitioner further submits that the petitioner filed an RTI on 22.02.2025 before respondent No.3, seeking information regarding the qualification of all the I I i t I I 4 wP _12321 2025 NBK, J demonstration examiners involved in the demo held on 30.12.2024. The petitioner also sought an explanation as to why only 96 posts were filled instead of 123 vacancies. Respondent No.3, however, replied that the names of the members of the interview board and selected candidates for government jobs cannot be disclosed under the RTI Act. Respondent No.3 further clarified that the unlilled vacancies were due to the unavailability of candidates in certain categories.

8. Learned counsel for the petitioner further submits that the petitioner made a representation dated 24.01.2025 to respondent No.3. Howcver, respondent No.3 did not act upon the same. Aggrieved by the action ol respondent No.3 in not appointing the petitioner as a Music Teacher, despite his qualihcation and participation in the selection process, is arbitrarl,, violative of Articles 14, 16, and 21 of the Constitution of India.

9. Having heard the learned counsel for the petitioner and without delving into the merits of the case, respondent No.3 is directed to consider the petitioner's representation dated 24.O1.2025 in accordarce u,ith the law and pass appropriate orders. I I *. ',. I I l! r I I 5 wP_t2321 2025 NBK, J

10. With the above direction, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed //TRUE COPY// SD/-N. SRIHARI DEPUTY REGISTRAR sectpfutrcea \ To,

1. The Chief Secretary, General Administration Department Secretariat, Hyderabad. 2 The Principal Secretary Social Welfare and Tribal Welfare Department Secretariat, Hyderabad.

3. The Telangana Residential Educational lnstitutions, Recruitment Board (TREI- " its Chairman,4th floor DSS Bhavan Masab Tank, Hyderabad, -at RBJ, nep Telangana -500028. 4 The secretary, Telangana social welfare Residential Educational lnstitutions Society,(TSWREIS), Hyderabad Telangana

5. The Secretary, Telangana Tribal welfare Residential Educational lnstitutions Society TTWREIS, Hyderabad, Telangana.

6. The Secretary, Mahatma Jyothiba Phule Telangang Backward Classes' - w"ltit" nesi6ential Educaiional lnstitutions Society (NllJPTBCWREIS)' Hyderabad,Telangana.

7. Music Teachers in Telangana Residential Education lnstitution Society' Hyderabad. 8 One CC to SRl. B BALAJI Advocate [OPUC] 9. One CQ to SRI S. BHUPAL REDDY SQ FOR TSWREIS [OPUC] 10.One CC to SRIN. BAMESH SC FoR TREIRB IOPUCI llfwoCCstoGPFQRGENERALADMlN|STRAT|QN,HighCourtfortheState qf Telangana [OUT]

12.rwo ccs to GP for Social welfare, High court for the State of Telangana at uyderabad. [OUT]

3.Two -CD Copies 1 KKS BS i i I HIGH COURT DATED:2410412025 I ----- ET !: 4 .$

2. \: :+;J .\ \c$' ORDER \i O I. WP.No.12321 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS