P.Sumatatha v. '1 . The State of Telangana

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 Orders, more in the nature of Writ of Mandamus declare the impugned action of the respondents in not considering the case of the petitioner for promotion to the post of school Assistant (Biological science) under Rule of Reservation against SC-W vacancy as per adequacy as per her seniority and eligibility but however promoting against SC-W vacancy by SC-General candidate is clearly illegal, arbitrary, discriminatory, and unjust and consequently declare that the petitioner is entitled for promotion to the post of School Assistant (Biological Science) against SC-W roaster with all consequential benefits in the existing or arising vacancy. lA NO: 1 OF 2024 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 claim of the petitioner for promotion to the post of school Assistant (Biological science) in any one of the existing or arisipg vacancies by disposing of appeal d1.06-07-2024 and 08.07.2024 pending dispogal of the. above writ petition. Counsel for the Petitioner : SRI M.RAMGOPAL RAO Counsel for the Respondents: GP FOR SERVICES I W.P.No.30004 OF 2024 Between: G Venu, S/o-, saraiah ,aged about 40 years, school Assistant (Bio science), Government High School, Narendranagar, Warangal, Warangal Distriit. ...PETITIONER AND 1 2 J 4 The District Educational Officer, Warangal. The Director of School Education, State of Telangana, Hyderabad. State of Telangana, represented by lts principal Secretary to Government, School Educatron Department Secietariat, Hyderabad. P Sumalatha D/o Fapaiah, S.G. Teacher, Govt. primary School, Girmajipeta, Warangal District ...RESPONDENTE Petition under A(icle 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declarrng the impugned show-cause Notice Rc.No. 370/A2|TRANS12024 dated 22-10-2024 issued by the 1st respondent as being illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the constitution of lndia besides being contrary to the rules and consequenfly set-aside the same and hold that the petitioner is entifled to continue as school Assistant (Bio. science) with all consequential and attendant benefits. lA NO: 1 OF 2024 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 retain and continue the petitioner as School Assistant (Bio. Science) in his present place of working by suspending the operation of the impugned show-cause Notice Rc.No. 370/A2ITRANSl2O24, dated 22-10-2024 issued. by the 1st respondent. lA NO: 2 OF 2024 Beween:

1. The District Educational Officer, Warangal. 2. The Director of School Education, State of Telangana, Hyderabad 3. State of Telangana, represented by lts Principal Secretary to Government, School Education Department Secretariat, Hyderabad. ...PETITIONERS/RESPONDENTS AND 1 G.Venu, S/o. Saraiah, ag Government High School ed about 40 Years, School Assistant (Bio. Science), , Narendranagar, Warangal, Warangal District. ...RESPONDENT/PETITIONER ?. P.Sumalatha, D/o. Papaiah, S.G. Teacher, Govt. Primary School' Girmajipeta, Warangal District ...RESPONDENT/RESPONDENT 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 vacate the lnterim order dated 28-10-2024 in w.P.No.30004 0f 2024 dismiss the writ Petition. Counsel for the Petitioner : SRI D.BALA KISHAN RAO Counsel for the Respondents No.1to3 : GP FOR SERVICES I Counse! for the Respondents No.4 : SRI M.RAMGOPAL RAO The Court made the following: COMMON ORDER ) THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.23159 aud 3OOO4 of 2o24 COMMON ORDER: Since the /is involved in both these matters is inter se related with t:ach othcr, they are taken up together and being disposed of by this comm()n order. 2) Heard Sri M.Ram Gopal Rao, learned counsel for the petitioner in \U.P.No.23159 ol 2024, Sri D.Balakishan Rao, learned counsel for thr: petitioner in W.P.No.300O4 of 2024, and learned Govcrnment l)leader for Services-I appearing for the oflicial respondents. 3) For trouble-free understanding of the mattel., the parties are hereinafter rcfcrred to as they are arrayed in W.p.No.300O4 of 2024 4) Facts lcerding to filing of the present writ petitions are as

4.ll Responck.nt No.4 was appointed as Secondary Grade Teacher (SGT) in DS(l 2O10 and joined service on 0.4.11.20 10. The Government has issued Telangana Teachers (Regulation of Transfer) Rules, 2023, vide G.O.Ms.No.5, dated 125.O 1.2023 and also announcr:cl Transfer/ Promotion schedule to be held in the PK, J wps-23159 & 3ooo4 2024 month of February, 2023, however, the same was postponed thrice due to several reasons. While so, the authorities have published seniorit5z list of SGTs, who are eligible for promotion to the post of School Assistant (Biological Science), wherein the name of respondent No.4 was shown at Sl.No.30. The case of respondent No.4 is that in the said list, from Sl.Nos.1 to 3O, three SC candidates are available, out of which, she stood at second place and remaining two candidates belong to SC_Male category. It is further submitted that out of (7) vacancies ol. School Assistant (Biological Science) notified for promotion, as per roster points, one vacancy shall be earmarked to SC_Women at point No.22, to which respondent No.4 is entitled to. Even though, she was called for along with others in I : 1 ratio, she was not given promotion, however, the said post was filled up treating the said vacancy as SC-General vacancy and the petitioner herein was extended the benefrt of promotion vide order dated 1.g.06.2O24 erroneously. Hence, she approached this Court and filed W.p.No.23159 of 2024 wherein this court vide interim order dated 23.oa.2o24 directed the respondent authorities to consider the representation of respondent No.4 dated 06.OZ .2024, and pass appropriate orders thereon. I I ! PK, J wps 23159 & 3OOO4 2024

4.2) In pursnance to the said interim order, the respondent authorities have issued the show cause notice d.ated 22.1O.2024 to the petitioner as to why he shall not be reverted to the post of SGT (Tel) from the officiating post of School Assistant (Biological Science). Chal lenging the same, petitioner is before this Court by filing W.P.No.3OOO4 of 2024. 5) Learned counsel for the petitioner has contended that as per the tentative scnioritv list of SGTs prepared by respondent No.1, who are eligible lor promotion to the post of Schoor Assistants (Bio Science), Telr-rgu Medium, the name of the petitioner was mentioned at S1.No.32 whereas the name of respondent No.4 was mentioned at S1.No.34. Based on the said seniority, petitioner was promoted to rhe post of School Assistant (Bio. Science) vide Rc.No.370/A2 /20'23 Govt., dated, 18.06.2024. Accordingly, the petitioner has joincd the said post on 19.06.2024 and working as such since then. While so, the respondent authorities have issued the impugned show cause notice dated 22.IO.2O24 as to why he should not be rt:vcrted to the post of SGT (Tel) frorrr the ofhciating post of School Assistant (Bio. Science), which is illegal, arbitrary, unjusr and violative of Articles 14, 16 and 2l of the constitution of India. Learned r:ounsel has further contended that the respondent authorities have predetermined the issue even before issuing the -4- PK, J wps 23159 & 3OOO4_2024 impugned show cause notice, which is nothing but an empty formality, which is impermissible under the law. Learned counsel has further contended that to fulfill the adequacy of SC representation, out of 6 posts of School Assistants (Bio Science), ohe post was earmarked for SC candidate. In the eligib ity list of l:2, petitioner was included at Sl.No.32 whereas the respondent No.4 was shown at Sl.No.34. Even in l: I eligibilify list, petitioner,s name was shown above the unofhcial respondent. Learned counser has further contended that as per Rule 26 of the State and Subordinate Service Rules, as against an order of proniotion, appeal lies with the Head of Department i.e. Director of School Education in the present case. However, without filing any appeal, respondent No.4 has simply submitted a representation on 06.07.2024 and thereafter approached this Court and obtained interim order dated 23.O8.2O24 of consideration of her representation dated 06.O7 .2024. In . pursuance thereof, the present impugned show cause notice is issued, which is highly illegal. Learned counsel has further contended that as the petitioner is not a party to W.P.No.23159 of 2024, the interim order dated 23.O8.2024 is not binding on him.

5.1) Learned counsel has further contended that as per Rules, The District Education Officer is not competent authority to -5 PK, J wps_ 23159 & 30OO4_2024 review/ revisc his earlier orders. Further, the impugned show cause notice is an empty formality as the authority has already pre-determined the issue to revert the petitioner to the lower cadre and thereforc submission of any reply by the petitioner is only an eye wash an<l no justice would be done in the hands of the authorities. 'lhe reforc, the impugned show cause notice is liable to be se t aside :rs being illegal, arbitrary, void and contrary to the rules and violzrtivc o[ Articles 14, 16 and 2l of the Constitution of India. 6) Per contra, the learned Government Pleader has contended that promotion [o thc post o[ School (Bio Science) was taken up in the District alorrg w,ith all other posts as per the schedule issued by the Government in the month of J:uoe, 2024 and for the said purpose a tentative scniority list of ali the candidates in the feeder category as pe r rheir qualihcations and eligibility was prepared and displayed. Further, the petitioner belongs 1-o Government ManagemenL School. Out of 6 posts of School Assistant (Bio Science), onc post was earmarked for SC Women at roster point No.2 of cycle i. After preparing the eligibility lists, they were published in rhe website calling for objections, but respondent No.4 has not submitted any objections on the same. Therefore, the hnal lists \rcre prepared and promotions were accorded to all I -6 PK, J wps 23159 &" 3ooa4 2024 eligible candidates vide proceedings dated \a.06.2024. Learned Government pleader has further contended that as per Rule 20 of Telangana State and Subordinate Service Rules, 1996, special representation has to be followed for appointment to a service, class or category in favour of schedule caste, Schedule Tribes, Backward Classes, physically Handicapped, meritorious Sportsman and Ex-Servicemen and such other categories as may be prescribed by the Government. As such, after verification, the petitioner herein was considered for promotion as school Assistant (Bio. Science) in the vacancy meant for SC_Women, presuming that there were no wornen candidates available in SC category. Learned Government Pieader has further submitted that due to hectic schedule and pre-occupation of the ofhcials of District Educational Officer, Warangal, the eligibitity of respondent No.4 who belongs to SC-Women category, was overlooked inadvertently and promotion orders were issued to the petitioner herein erroneously. Thereafter, on 06.O7.2024, respondent No.4 submitted a representation stating that during promotions, her name was not considered though she belongs to SC-Women category and alleging that SC_ Male candidate was considered against Roster point No.2, which was earmarked for SC-Woman and in view of the interim order dated 23.08.2O24 passed by this Court in W.p.No.23 t59 of 2024 directing to consider the representation of respondent No.4, the 7- PK, J wps,:231 59 &, 3OOO4 2024 I impugned shou' cause notice dated 22'lO'2O24 was issued to the petitioner. Instead of sr-tbmitting any reply to Lhe said show cause notice, the petitioner had approached this Court' Thus' the learned Governrnent Pleader has contended that the petitioner was inadvertently considered for promotion for the post of School Assistant (Bio. Sci) under Government Management in the vacancy meant for SC-Women. Hence, it is prayed to dismiss Writ Petition No.30004 of2024. 7l Per contra, the learned counsel appearing for respondent No.4 has vehenlently contended that out of seven vacancies' as per roster points, otte vacancy is earmarked for SC-Women' However' ignoring the same , thc llromotion was given to the petitioner' who belongs to SC (rategory but not SC-Women category' It is further contended that in the seniority list, upto respondent No'4, no other SC-Women candidatc are available for promotion' Therefore' without any authority of law, the respondent zruthorities have converted the v:rcancy meant for SC-Woman to that of SC-General' Even though, rcspondent No.4 preferred an appeal as per Rule 15 of Transfer/ Promotion Rules on O8.O7.2024, so fzrr no orders are passed. Henct:, it is prayed to dismiss Writ Petitiotl No'30004 of 2024 and allo'"r, W.P.No.23l59 of 2024 and direct the respondent authorities to consider the candidature of resptrndent No'4 for -8- PK, J wps_23159 &, 3OOO4 2024 promotion to the post of School Assistant (Biotogical Science) duly following Rule of Reservation. 8) This Court has taken note of the submissions made bv respective parties and perused the material on record. 9) A reading of the material on record reveals that though the Tralsfer-cum-Promotion Counseling was announced in February, 2023, however, the same was postponed from time to time and finally conducted in June, 2024. Further, it is seen from the record that as per 100 points Roster, Roster point No.2 is nieant for SC-Women, to which respondent No.4 is eligible as per seniority and Rule of Reservation. However, as admitted by the respondent authorities in the counter, the same was filled up by the petitioner, who belongs to SC-General category, inadvertently. Further, according to respondent No.4, as per tl.e seniority list, no other senior SC-Women candidate is available above her name. Further, in pursuance to the interim order dated 22.1O.2024 passed by this Court in W.P.No.23 159 of 2024, the respondent authorities have issued the present impugned show cause notice to the petitioner herein 10) In view of the above peculiar circumstances of the case, this Court deems it appropriate to direct the respondent authorities to 9- PK, J wps 23159 & 3OOO4_2O24 : take appropriate decision in the matter duly taking into consideration the vacancy position, with open mincl. 11) Accordingly, both the wril petitions are disposed of directing the petitioner herein to submil his explanation to the impugned shou, cause notice dated 22.10.2024 within a period of two weeks from the date of receipt of a copy of this order, upon which, the respondent artthorities shall take appropriate decision, duly issuing notice to respondent No.4, strictly in accordance with law, with open mind and duly taking into consideration the vacancy position, and pass appropriate orders within a period of two weeks thereof. Till such time, both the parties are directed to maintain status quo. Misceilaneous petitions pending, if any, sherll stand closed. No costs //TRUECOpy// SO/.T. TIRUMALA DEV-I ASSISTSNT REGISTRAR /,\, l\ '-' Il\i- ,lsEcrtot'l oFFlcER To, 1 2 4 t -H Yd e rabad The state of Telangana, rep.,.by its Principal Secretary' school Education o""pi'SL1t"trti a t. The Director of School Education' Govt of T'S at Hyderabad' The District Educational Officer' Warangal District' One CC to SRI M RAMGOPAL RAO' Advocate IOPUCI Two CCs to GP FOR SERVICES l' High Court for the State of Telangana' [our]

6. Two CD CoPies +.Won cc 1o S'^f D' zul'r l(ls la., Poo' $ BS Ad4,ocoftC (yru4 t t ? e( > c +' , HIGH COURT DATED:2110312025 --'_--- 'ir.. c .; ra , -' ( q )3 ?5 liAfl 2025 COMMON ORDER t D,l-5;rr.rq,H WP.Nos.23159 & 30004 ot 2024 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS @40w