✦ High Court of India · 17 Jul 2025

High Court · 2025

Case Details High Court of India · 17 Jul 2025
Court
High Court of India
Decided
17 Jul 2025
Length
1,302 words

Petition Under Article 226 of lhe 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 declaring action of Respondents in not considering the case of the Petitioner for appointment to the post of Secondary Grade Teacher under DSC-2008 under BC-D Physically Handicapped (Hearing lmpaired) Quota though his name is shown at Sl No'308 of the list of candidates prepared as per the lnterim Orders dl8'2'2024 in W'P'No 18683/2009 as illegal' unjust, arbitrary, discriminatory' violative Principles of Natural Justice and also violative of Articles 14, 16 and 21 of the Constitution of lndia and consequently direct the Respondents to appoint the Petitioner as SGT under BC-D Physically li. Pr Handicapped (Hearing lmpaired) euota with ail seniority, notional pay and arrears consequential benefits of notional I.A.N O:1 OF 202s petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents tr 1 7 2 20 2 5 f o r a p p o n t m e :, ::::: ff lff;: : TJ,":# ffi T : ::: ::: : ": pass appropriate orders, pending disposal of the above writ petition. Counsel for the petitioner : SRI SRINIVAS BOBBILI Counsel for the Respondents : Gp FOR SERVICES-| The Court made the following OROER I 't ,/ 1 TH ,B I T EN M v P U w RIT T TI o 1 7 4 o ORDER: This Writ Petition ls resPondent a uthorities to con appointment to the Post of pursuant to the DSC-2008 re filed seeking a direction to the sider the case of the petitioner for SecondarY Grade Teacher (SGT)' cruitment notification ' in accordance with law. Heard Sri Srinivas Bobbili , learned counsel for the petitioner' learned Assistant Government Pleader for Services-I 2 appearing for the resPondents . Perused the material on record ' 3. The brief facts of the case are that the petitioner belongs to the BC-D category and is a native of the erstwhile Mahabubnagar District. The petitioner was certified as a Hearing Impaired candidate by the District Medical Board vide certificate dated 17.o7.loot. He holcls a B'Sc' degree (1992) and a B'Ed' qualification (2000)' making him fully qualified and eligible for appointment as a Secondary Grade Teacher (SGT)' Pursuant to the DSC-2OOB Notification dated 06'12'2008' the petitioner applied under the BC-D Physically Handicapped (Hearing Impaired) quota' was issued Hall Ticket No'14200108911' 2 t appeared for the written examination, and secured 50.50 marks with Rank No.4633. Meanwhile, the respondents issued G.O.Ms.No.28 dated 29.01.2009 reservin g 30o/o of SGT posts in favour of D.Ed. candidates. Aggrieved thereby, B.Ed. candidates challenged the said G.O. in W.p.No.18683 of 2009 and batch, in which this Hon,ble Court granted an interim suspension order dated 09.09.2009. Subsequenily, G.o.Ms.No.27 dated 2L.06.2070 was issued to implement the recruitment without 3Oo/o reservation, followed by G.O.Ms.No.62 dated Zg.lO.ZOIO, directing recruitment under G.O.Ms.No.28, sub;ect to the outcome of cases pending before various Courts. Due to the pendency of the said litigation, 1,815 vacancies remained unfilled. 4. Eventually, a Division Bench of this Court, by interim order dated 08.02.2024 in W.p.No.18683 of 2009 and batch, directed the respondents to consider the cases of B.Ed. candidates From Telangana for contract appointments as SGTs, as was done in Andhra Pradesh. In compliance, the respondents prepared a list titled "Details of candidates those who were selected in 100yo selections but deleted after selectio n of 7 0o/o B.Ed_D.Ed and 30yo in which the petitioner,s name was included at D.Ed Quota,,, press note dated 24.09.2024 was issued, calling Sl.No.30B. A B.Ed. candidates for certificate verification between 27.09.2024 and 05.10.2024. However, due to ill health, the petitioner was l l ,l i I a 3 t4.LL.2024'Respondent unaware of the said press note and came to know of it only on 13.\t.2024. He immediatery submitted a representation dated 13.LL.2024 to respondent No'2' which was acknowledged on No'2 orally instructed respondent No'4 to verify the petitioner's certificates' which was done' and the petitioner was informed that he would be considered for appointment' However' when appointment orders were issued on 14.O2.2O25to other candidates from the list of 341' the petitioner was excruded. Upon enquiry, the petitioner was informed that his name was not forwarded by respondent No'4' The petitioner submitted another representation dated l-l 'O2 '2025 to respondent No.4, which was duly acknowledged' but no further action was taken. Hence, the present Writ Petition'

5. Learned counsel for the petitioner orders be passed in this Writ Petition by to consider the petitioner's case and p accordance with law' submits that aPpropriate directing the respondents ass aPProPriate orders in

6. ea rlier occasion, i Learned Assistant Government Pleader for Services-I' on the on 03.07.2025, sought time to obtain , learned Assistant Government Pleader placed and the relevant Portion is e.l instructions. Today on record written instructions' extracted hereunder: r{' '- :.; t 4 "It is submitted that accordingty, the Director of School Education, TS Hyderabad th press note dt 24 0g 2024 informed att the affecte'rough B'Ed' candidates to attend certificate verification on to 05' 10'2024 at Erstwhire DEo office uno n""'o'''o24 er apptication/request wi, be entertained au., ,0" ,"r, oJi!) It is submitted that out of 361 candida:tes, 182 atlended lor certificate vetification. But the petitio turned up for Certificate Verification.,, candidates ner has not

7. However, the petitioner

74.17.2024. learned counsel had attended for the petitioner contends that the certiFicate verifica tion on

8. Taking into consideration the submissions made by learned counsel for the respective parties, and having regard to the fact that the petitioner is a physicary handicapped candidate. this Court deems it appropriate to direct the respondent authorities to consider the case of the petitioner, if certificate verification was indeed completed on 74.11.2024, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy oF th is order. 9 Accordingly, this Writ petition is disposed of. There shall be no order as to costs. I I I , i I As a sequel, miscellaneous applications pending' if any' tn 5 this Writ Petition' shall stand closed ' //TRUE COPY/I sd/- K. BHAVANISWAMY ISTANT ReotstenR SECTTON OFFICER nt, Secretariat, Saifabad ' To

1. The PrinciPa I Secretary, School Education DePa ana at HYde School Educ 2. The abad -500004 ector, Collecto tional Office R SERVIC State of Telang birector of Hyder ct Coll ct Educa to GP FO d.tourl ad-500022 ation, B Block Saifabad, 3. The Distri 4. The Distri 5. Two CCs deraba Hy eCCtoS On Two CD CoPies 6 7 RI SRINIVAS BOBBILI, Advocate IOPUCI , 2, TelePhone Bhavan Road' rate, Erstwhile tr/lahabubnagar District' r, Erstuhile Mahabu bnagar District ES.I, High Court for the State of Telangana at SA PVL HIGH COURT DATED:1ttOil2O2S ORDER WP.No.18734 ot 2OZs DISPOSING OF THE W.P WITHOUT COSTS. ,.-{ :-\ J i., R ,\.^\, L'^i \. . O2 sEP XE ,.) ,',/ IA ':

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