High Court · 2021

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 pafiicularly one in the nature of Writ of Mandamus declaring the impugned action of the Respondents in not selecting Petitioner against L(G) or UR(G) vacancieS in lVahabubnagar district, though he is the next eligible, meritorious candidate and publishing the impugned provisional Selection Notification (Language Pandit-Urdu) dated 29.03.2019 of the provisionally selected candidates for appointment to the post of Language Pandit-Urdu, under the 1st Respondent, notified vide Notification No.5412017 dated 21 .10-2017, thereby denying the Petitioner his right to be considered against local vacancy as per his merit and eligibility as arbitrary, illegal, without jurisdiction, and violative of Articles 14, 16 and 2'l of the Constitution of lndia and consequently set-aside the same by further directing the Respondents to select and appoint the Petitioner against the local vacancy under OC(G) in Mahabubnagar district to the post of Language Pundit-Urdu under Notification No.5412017 daled 21 .1O.2017 issued by the 2nd Respondent as per his merit and eligibility with all consequential benefits. lA NO: 1 OF 2019 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 Petitioner against the local vacancy under OC(G) in Mahabubnagar district to the post of Language Pundit-Urdu under Notification No.54/2017 dated 21 .10.2017 issued by the 2nd Respondent as per his merit and eligibility. Counsel for the Petitioner:SRl. T NITIN Counsel for the Respondent Nos. 1 & 3: GP FOR SCHOOL EDUCATION Counsel for the Respondent No. 2: SRl. D. BALAKISHAN RAO, SC FOR TSPSC The Court made the following: i / HON'BLE SRI.IUS'IICE ABHINAND KUMAIl JHAVILI W.P.No.28765 of 2019 ORDER:

1. When the matter is taken up for hearing, learnt:d counsel on either side fairly conceded that the issue involved in this writ petition is squarely covered by the cornmon order dated 24.6.2t)21 passed by this Courl in W.P.No.9626 of 2019 and batch

2. Following the common order dated 24.6.2021 passed by this Court in W.P.No.9626 of 2019 and batch, this W.it Petition is disposed of. No costs.

3. Pending miscellaneous petitions, if any, shall stand closed. \ To, //TRUE COPY' SD/.N.CHAI,IDRA SEKHAR RAO ASSISTANT REGISTRAR ,t; SECTION OFFICER l The speciar chief Secretary Schoor Education(Generar Department), state of _ Telangana, Secretariat, Hyderabad 2' The Secretary, TelanganaState pubric service commissror, prathibha Bhavan Nampaily, Hyderabad-5001 03 3 The commissioner, commissioner and Directorate of Schoc r Education, . Saifabad, Hyderabad, Telangana 4. One CC to Sri. T Nitin, Advolate [OpUC] 5. One CC to Sri. D. Batakishan n"6, SC io'r" rSpSC (OPUC) u to GP for schoot eoucaiion, riigh-Corrt ior the State of retansana. (Arong with a copy of order dated 2410612021in wp.No. 9626 0f 2019 & batch) ,tJ;ritt 7. Two CD Copies. 8. One Spare Copy. . PM/el HIGH COURT DATED:2910712021 ORDER WP.No.28765 ol 2019 Disposing of the WP " Without costs. $a STA f.e 6 3l 1 1 Auozolt {'r.,'-..r'/ \*j:-.;.}- I THE HON'BLE SRI JUSIICE ABHINAND KUMAR SHAVILI WRIT PETITION Nos. 9626 of 2019. I2700 of 2019. 14590 of 2019. 1g222 ot 2019. 19242 ot 2019. 1927E. 19337 . 19E48 ot 2019. 20566 ot 2019 . 1434 ot 2020. 1884 ot 2020.3356 ot 2020. 5456 ot 2020. 8198 ot 2020. ,9840 ol 2020,9911 ot 2020. 13039 o1 2020. 13074 ot 2020. l3BBt ot 2020 ond 24159 of 2020 COMMON ORDER: Slnce the issues roised in these writ petitions ore one ond lhe some, they ore heord together ond being disposed of by this common order.

2. Heord Sri J.Sudheer, Sri S.Rohul Reddy, Sri T.Nitin. Sri Srinivos Kudumulo, Sri K.Venumodhov, Sri Romesh Buro ond Sri Poodottu Amorender, leorned counsel oppeoring for the respective petilioners, leorned Government Pleoders oppeoring for the Stote Government ond'Sri D.Bolokishon Roo, leorned Stondino Counsel.., oppeoring for the Stote Publlc Service Commission.

3. In these writ petitions, the petitioners ore chollenging the oction of the Public Service Commission in not filling up the unfilled voconcies by the next meritorious condidotes. The Publlc Service Commission hod issued o Recruitmeni Notificoiion to flll up severol posts by woy of different Notificotions ond oll the peiitioners herein hove porticipoted in the selection process ond lhey hove secured deceni meril in ihe soid selection process.

4. The grievonce of the petilioners in these writ petilions is thot though they ore coming wilhin the zone of considerotion for seleclion, their coses ore not being considered for oppointmeni io vorious posts. lt hos been contended by the petitioners thot some of lhe selected condidoles hove nol come forword to toke up the recruitment ond by not portlcipoting in the certificote verificoiion 2 process, they declined themselves from gettin$ oppoinled in the posts in which they were oppointed. 5. Leorned counsel oppeoring for the potitloners hod contended lhot os per Rule 6(A) of the Telongono Slote Public Servlce Commission Rules, if ony selected condidote does not toke up the offer of oppointment, then the some hos to ber offered to the next meritorious condidote in the order of merit. Admittedly, in the inslont cose, ihe Public Service Commission hos no followed Rule 6{A} of ihe Telongono Stoie Public Service Commission Rules ond thereby, mony of the notified posts ore lying voconl. Therefore, the counsel oppeoring for the pelitioners hod cc ntended thot oppropriote orders be possed in these writ pelitions direcling the Public Service Commission ond the Stote Government to fill up the unfilled voconcies by the nexi merilorious condidotel; in the order of merit.

6. Leorned counsel oppeoring for the petiliont>rs hod further contended thot the issue roised in these wril petitions is squorely covered by the judgments rendered by this Court in W.P.No.7l l7 of 2020, doted I 1'.08.2020 ond W.P.No.4 495 ot 2019 ,.doted I L06.2019 .

7. Leorned counsel oppeoring for the petitiont>rs hod further contended thot the respondents hove corried the motter in oppeol ogoinst the order possed in W.P.No.4495 of 2019 dctted 11.05.2019 by woy of filing W.A.No.55l of 2019 ond o Divisiorr Bench of this Court wos pleosed to dismiss the soid wril oppeol vide judgment doted 03.07.20,l9, confirming the order possed in /V.P.No.4495 of 2019, doted i 1.06.2019. Therefore, leorned counse oppeoring for lhe petitioners hod contended thot oll these wril p,:titions con be J disposed of direciing the respondents to fill up the unfilled voconcies by duly following Rule 6(A) of the Telongono Stote Public Service Commission Rules by the next meriiorious condidotes in the order of merit.

8. On the olher hond. leorned Stonding Counsel oppeoring for the Public Service Commission hod contended thol the respondents hove strictly followed Rule 6(A) of the Telongono Stote Public Service Commission Rules ond some of the voconcies, which were relinquished by the persons oppoinied in those voconcies, such of those voconcies hove to be togged on to 'the next recruitment notificolion only ond those unfilled voconcies connot be filled up by lhe nexi meritorious condidotes in the order of merit. Therefore, there ore no merils in the wrii pelitions ond the some ore lioble to be dismissed.

9. This Court, hoving considered the rivol submissions mode by leorned counsel for the respective poriies, is of the considered view thot since the issue roised in these writ petitions is squorely covered by the judgments iendered by this Court in W.P.No.7l 17 ol 2020 doied 1 1.08.2020 ond W.P.No.4495 oI 2019 doted I 1 .06.2019 ond os confirmed vide judgment doied 03.07.2019 in W.A.No.55l of 2019, these writ petitions con be disposed of directing lhe Public Service Commission ond the Stote Government lo fill up oll the unfilled voconcies sirictly by following Rule 6(A) of ihe Telongono Stote Public Service Commission Rules. lt is mode cleor thot the voconcies, which. were relinquished by the selected condidotes, ofter giving oppointment orders, ihose voconcies hqve to be iogged on io the nexi recruitment notificotion ond the voconcies, 4 which ore still lying vocont even ofter issuonce cf oppointment orders, those voconcies ore to be filled up strictly b1'following Rule 6(A) of the Telongono Stote Public Service Commi:;sion Rules ond the some should be offered lo the next meritorious condidotes in the order of meril. With the obove observotions, the wril petitions ore occordingly disposed of . No order os to costs Pending miscelloneous petitions, if ony, sholl slcrnd closed.

24.06.2021 Prv ABHINAND KUMAR SHAVILI, J