The High Court · 2025

Counsel for the Petitioner: SRI MAMIDI SAI YADAV Counsel for the Respondent No.l to 4: GP FOR SERVICES; I Counsel for the Respondent No.5 & 6: SRI SAI PRASEN GUNDAVARAM The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OT' IELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA II?TRTHIK WRIT PETITION No.286O8 of 2Oir.<l Dated Sth December, 2O25. Between: Shahccn I,'a1h ir rr r r AND I)t iiii, rn i'r 'll-Li Contntissionc r of Si.I-roo1 Eclucatior-r, Sl:rtc ol'lelanl3rrr-ra, IIl.dcrabacl, and five others Fl r slro rt rlt:t t s ORDER: Aggrievccl 1-r1-rhc ruaction of the respondents i I r.onsirlr'r-ir.q tirr: crsc oI thc pt:titioner lbr irpporntmcnt Lo the )rrsl ol l,hr siciri Education'l'cr,rc:her (Urdu mcdium) under DSC-2( 2.i iLt Nirlgonclu l)rsr.ict, despitt. her tnerit, *,hile selccting the l( sricr l.r.l(triLOrioLls c:rnclirlates, thc plcscnt rvrit petition is hled.

2. Heard Sri Mamicli Sai Yadav, learned counsel rr;rpearing for thc petirioner, learned Govcrnment Pleader for Service; I. oit behalf .f respondent Nr>s. L to 4 ald Sri Sai Prasen Gund r.,ararn, learned counsel appealing on behalf ofrespondent Nos.5 anrl 6. /' E 2 PK, J W.l'.No.28608 of 2024

3. Learned counsel for the pctitioner submits that thc petitioner belongs to BC-E category and is a krcal cancliciatc of Nalgonda District, possessing trvo Bachelor's Degrees, viz., B.A. and B.P.tid., and thus, she is fully qualified and eligiblc for appointment to the post of Physical Dducation Teacher (Urdu Mediurn). It is submitted that respondent No.1 issued the DSC-2024 NoLihcation dated

03.O3.2024, in pursuance of which, the petitioncr applicd lor the post of Phlsical trducation Teacher (Urdu Mcdium) in Nalgonrla Distlict. appearcd lor the written examrnation hclcl on 18.07.2024, :ind securcd Ilank No.4 ..vith a total scorc of 43.50 rn:rrks. 'lherealter, during thc proccss of certificate vcrification, the r:andidatcs placed at Sl.Nos,l to 3 have not attendcd lor lhe same, and thc petitioner hcrcin, produced all educational certillcates, and u'as shol'n as the first candidate in the list of candidatcs selectcd for tl'rc post of Physical trducation Teacher (Urdu). Hou,ever. Lhe case ol the pctitioner for appointment was not considered bv the rcspondcnLs without any justihable reason, on an untenable ground tl-rat the petitroner did not possess Urdu as one of the languages. lt is submitted that the petitioner had completed Intermediate with Urdu as a second language from the Telangana Open School Society (for short, 'TOSS) during December, 2014. However, without considering \ l' 3 I'K,.1 ',\' P i\,\ .23648 o[ 2t)) 1 thc same, thc respor-rclcnts havc ignored the casc of thc petitior.rer, \\iho sLood at Sl No. 1 in the list of selected candicli| es, a:-,cl sele.rte(l lhc candidatcs shorvn ztt S1.Nos.5, 7 and 8, wl-rich i-. clczLrly illcgal, arbit|iuy, urlr.lst and Violative of Articles 14, I (r tu-rd 21 ol thr: CorrstiLution o1' India

4. It is hrrrher sultrnitted that the petitioner h rr1 ar rluircd rhc reclrrisrte qualilrcatiorrs lrs per Ihc Notification, havinrl :or.npletecl SSC rvith 'I'elugr: as I'L l-anguirgc and linglislt eLs )tn) Langtr:rgc, h'rLcr.rnc'diatc rritl'r F)nglish as lst Language ancl -ieluqu as i, I Lanrlrrirge, gt ..duation rvith Telugu as 2"d Langrtrqc, and also coulplcted Int(irtnc(lialc l}om TOSS rvith English ars 1"t Larig-ragc :rncl Urcllr as 2,,,1 l,,rngrragc during Decembcr, 2014 itsei -. As such. tlic petitioni:r sarisfied tltc.academic qualif-rcations prescr bcd i.: para \ ol- thc Notiflcation. [t is furlher submitted that even as l)cr l)i]ra Vlll o[ thc Notificatiorr, the rrppLicants $,ho I'rave obtained r_-(lltislle Degrr:cs through Open U niversitie s / di stance education mode zu.e r.equirecl to havc recognition by thc UGC/AlCTtr/Distance Educaticn Rureau,:rnd thc petitioner herein possesses the Intermediate cer _illcate from the TOSS, u,hich is duly recognlzed by the State Govern:nent, and thu s, the petitioner is fu1ly qualified and eligible for appoint.nent to thc post of Physical Education Teacher (Urdu). 4 PK, J W P No 28608 of 2024

5. It is further submitted that in identical circumstances. the High Court lor the State of Andhra praclesh, in W.p.No.2i215 of 2017, hcicl that as pcr Rulc 4(3) of the Andrrra pradcsh Direct Recruitmert of Secondary Gradc Teachers Limited Recruitment (Scheme ol Selcction) Rules, 2O 1 1, the candidates, who have passecl Intermediate u-ith Urdu as language or medium, even those rvho passed Urdu as an additional subject after securing their degrec/B.Eci., are eligiblc to appl1,, and relusal Lo receive applications of such candidates is not proper. \s such, thc petitioner posscssing an Intermediatc ,"r,ith Urdu as second la.gu:rgc, as on the date of DSC-2024 Notificatio., is full'cligiLrlc ior appointment. However. without considering the casc of thc petiLioncr, thc respondents have issued appointmenL orders to thc Iesser meritorious cardidates on 09.7O.2024. Thcrefore, learncd counscl lor thc pctitioner seeks indulgence of this Court to sct asicle [he appointment orders of the unofhcial responclent Nos.5 and 6, u,ith a consequential direction to the respondents to consider thc case of the pctitioncr for appointment as Physical Education Teacher (Urdu medium), based on her merit.

6. On the other hand, learned Government pleader, appearing for respondent Nos. I to 4, submits that the Government issued a recruitment notification vide G.O.Ms.No.4 dated 28.O2.2024 lor direct 5 PK, J n'. P.Iio.2860B o[ 2024 recruitmcnt lo the posts of Teachcrs (DSC-2024) irr Govcrnmclrt arrd I.ocal Bodv Sr'hools of Telangana, and accordiltl3.v, c(,nductrcl the I)SC 2024 er:rrnination though online mode froi 16 07.2024 to

05.08.2024, ancl nnnounced the results on 30.09.2024. 'lhereaftcr, thc certillcalc vcrification u'as cor-rducted in Nalgr.nda ')istrict from Ol.lO.2024 to 05.1O.2024, and the petitioner also pcu'ticipated ir.r the s:rici process. It is submitted that as per gr,r i lrlinr s issrrcd in l)roc. Rc. No.20 / RC i i DSC/TRT I 2023 dated 30.0!). 2 )24. spcciflc.rltl. gtLicLelinc No.5(c), a candidate lvho acquires a lowcr qualilication after ercqr-riring a irig)tcr qualillcation is not eligible ft;r. selcction to the .rppLicd post, As such, since the petitioner comF letcd Bachclr>r of l'lrlsical EdlrcaLion in March/April 2012, an<l :nly then. shc cornpletcd IntcrntccliaLc lrom 'l'OSS in December 2]14. she is not eligible ior t)'re ltost ol Physical Education Teact er. r\ccordingly, spe:Lking ordcrs were issued vide trocccdings in Rc.No.89 14lB4 12024 dated 06. t2.2O24. 7 . It is furthcr submitted that respondent No.5 rt:rein applied for both P.E.'1. (Telugu) and P.tr.T. (Urdu), and since tht syllal;us is same and the question paper is bilingual, he was issued a singte hail ticket, indicating Telugu as the medium of examinatior-r. Thereafter, respondent No.5 appeared in the written examinatio-r and secured Srh :: 5 PK, J \\'. l'. it' r :. 2 8 5i 3 of 2 tD a rank in Urdu Medium and 248th rank in Telugu Medir-rm, and based on his mcrit, he u'as selected as Phlrsical Education Teacher (Urdu medir.rm). It is further submitted that respondent No.6 applied for the Urdu medium post. appcared in the written cxamination, secured 8'l' rank, a.nd sincc she possessed all the rcquisitc qualifications, viz.. SSC in 2011, lntermediate (Urdu medium) in 2013, Bachelor o[ Scicnce (Urdu rnodium) in 2019, and Bachelor of Pht'sical Education it't 2022, shc rvas selected for the post of Physical Education Tcachcr' (Urclu mcdium). As such, there is no infirmity in the selection proccss and thercfore, it is prayed Lo dismiss the present writ petition.

8. Learned counsel appearing on behalf of respondent Nos 5 and 6 submits that respondent No.5 completed his SSC with Urdu as 1'r langr.rage in .June 20 19, Intcrmediate with Urdu as 2'1d languagc in ,lunc 2021, and thercaftcr, obtained a Diploma in Physical Education lrom the Osmania University in October 2023. As such, respondent No.5 duly participated in lhe selection process of DSC-2024, appearcd in the rvritten examination, secured 4O marks, and secured Rank No.5, pursuant to which, he was appointed to the post of Physical Education Teacher (Urdu Medium) and joined Government High School, Girls (Urdu), Nalgonda, on 16.7O.2024. It is further submitted that respondent No.6 completed her SSC in March 201 1 \ - :a:n 7 PK,.] t..P \c.)E6AB ol )0)1 wiLh Urdu as 1sr litnguage, Interrnediate in Urdu |1c,diun1 in March 20 13, B:rchekl ol Scient.c in Urdu mediurn in Sepr ,lnbe:. 20 19, and Bzrchelor of I)1tr sicai Eclucation in October 202;l As such. shr: parLrcipaled in I)SC-2024, appcared in the wri en examination, obtained 36 nriul<s, and secured Sth rank. Acct-clinglr,, she \r,as appo.inted as Plrr sical llducation Teacher (Urdu nr,,'r1inm) and joined dLrt\, at ZPI IS. Urtlu, Devarakonda on 16.1O.2O24.

9. It is fu:- 1rt.r' subnrirtcd th.rt the pctiLioner.'s ,r -ir:rar.J gricvance rel:ltes to tlt--r :rotr-co.rsidcration of ltcr Internrr dra[c certiflcate obtained from 'l'( )SS rluring December 2014. lL is st bmirtt:d that t]_re pctitioner herein corrplclcd her SSC in Telugu nr,:clium in March 2O01, lntcrmc,liarc rr,ith lir-rglish as 1st languagc ancl Telugu as 2na Ianguage, Bacltckrrs ol Arts Degree in April 2OO7. t nd BzLchelors of Physical Ecl.c:Ltir>rr tn Ap.il 2012, and only subseqrrr_,.tly, sr:cured her Inte.n-Lediate qu.lificatio. frorn 'loSS i. Urdu mecliLLra i, December 2014. It is f'Lrrther submitted that as per the prorspectus o[ the Telangana Opc r-r School Socicty, persons who have trlreeLdy passed Intermediale fronr Intermediate Education of Tcler-rgana are not eligible fo. enrollment, and any intermediate certihcat :, obtained from TOSS, by suppressing the information with regard L( ilarli(.r passing of Intermediate, is liable to be cancelled. As such, re spondent Nos.S PK, .l W.P.No.28608 of 2A21 and 6 ha\re already submitted a representation to the Dircctor. Tclangana Open School Socie ty, on 13.O2.2O2S, bringing it to his notice about the illegallv obtained Intermediate certificatc by the petitiouer, and sought for cancellation of the said certrllcate. As such. since thc Intcrmediate qualification of the petitioner procurcd from TOSS is found ab initio uoid, based on suppression and mi src prc scntation, the petitioncr is not entitled for appointment. Thercforc, there rs no infirmity in thc non-selection o[ the petitioner, and Lhus, iL is praycd to dismiss the prcsent writ pctition. It is also subrnittcd that tllc clecision ol the High Court of Andhra pradesh at Amaravati in W.P.No.21215 of 2Ol7 is not binding u.pon the State of Telang:rna, as per paragraph 9 of the said decision, the relevant Rules stipulatc tl-rat thc pcrson rvho did not study in Urdu medium up to SSC, but obtained the said qualification subsequently, are not cligible lor appointment to the post of Physical Education Teacher (Urdu rrediurn), which squarely applies to the present case. Hence, iL is or-rcc again prayed to dismiss the present writ petition.

10. [n reply, Iearned counsel for the petitioner submits that the impugned guidelines dated 30.09.2O24 and the consequential rejection order dated 06.12.2024, were issued after the announcement of results, contrary to the eligibility criteria laid down 9 PK,,J t' P t o.28608 of 2A24 in the notification, and :rlso in violation of the seLtlcd pri:rciple of the Honblc Apex Court in K. Manjusree u. Stq.te oJ ,lnd.hra prad.esh and. anotherr and Tej Prcrkq.sh po.thak u. Ro'jo"slhq.n High Court and others2, \\ hercin. rt is clcarll' cstablished rh. I titc authorities callnot change the rulcs ol the gamc after Lhe sclc t Liotr ltrocess. As such, the impugnerl rcjcction order dated 06.12.20 2.|. rs liable to be sct aside. It is lurther subn'iittcd that the conte.rir, ol respondent Nos.5 and 6 tllat thc pcrrtioner-'s intermedia[e ccrrifi(.rLc h'.,-r ToSS is invalid is ,[so unrcnable , as the prospectus of ,IOSS is nt,ither a rule nor a reguli,rtion, and is thus. not binding and doe : trot prevail over thc Notificatio,. 'I'hcr.t.ltrre, it is once again pr-eLr el t, allor.l, the prcsent u'rit petition. 1l rhis corrr[ ]-ras tai{cn note o[ thc rir.ar submiss:. rs .crvancccl b1, Iearned counsr:l for tltc r.t:spccti'c parties a.d pcrus,t I thc rnaterial on record

12. Admittecll1.. responclent No. I issued the DSC . C 24 Notillcation dated 29.02.2024, for recruitment to thc posts o[ ,lcachers Gor.crnment attd Local Body Schools, and in pursu: l.t ce t hereof. the petitioner had apptied for the post of physical Ddrr:ati.n Teacher I (2008) 3 SCC 5 12 '/ 2024 SCC Online SC 3 184 10 PK,.I V/ P.No 28508 of 2021 (Urdu medium), participated in thc recruitment process, appeared rn the u.rittcn cxantination. and sccured Rank_4 in the DSC_2024 General ftanking List. Thercalter. the pctitioner was called fol certilicaLc verificaLron and she attenclcd thc same on 03. 1O.2024, bur the canclicl:rtes *'ho sccured Ranks 1 to 3 railed to attend the said ccrtilicate vcrification process, therebl,, the petitioner stood as the first ca,drclare arno.g the list o[ scrcctcd candidates for the post o[ Physical Dducation 'Ieacher (Ur.clr-r medium). However, the rcspondcnts have dcnied considcrrr.rs her case for appointmcnt, u,hilc appointing the remainir-tg candiclatcs (unofficial respondent Nos.5 and 6). Thclcfore. the pctitioner submrtted hcr representations dated 11 10.202+ ar-rd 14. ro.2o2r, ar-rd rhis court vide interim order dated 16.1O.2A24, dirccted tl're respondents to consider the said reprcsen t:rtio n s in terms of Sl.No. l3-V of the Notification dated 29.O2.2024 , and to pass appropriatc orders in accordance with law. In compliance u ith the said order, rcspondent No.2 passed the order in procecdrngs Rc.No.89 14/P.4/2024 dated 06. 12.2024, holding that the petitioncr had secured her Bachelor of physical Education during March/April 2012, and only subsequently, prosecuted her Intermediate from the Telangana Open Schools Society during December, 2014, arLd Lhus, in terms of the guidelines of respondent 1,1 PK, J \\' t' .\c.)3608 of 20)1 No.1, viz., sr:cur-ing lower qualihcation :tfter art uirit-t61 a highcr qualificaLion, tlrc petitioner- rvas cleclarr:d ineligil-lit frrr thc post ol Phvsical Edu<ation Teachcr (Urdri mccliur.n). \s siLch. her case for appointmcnt rv:rs considered and relectecl. I3. in this connection, it is llrsth' cssenlial l() r,'[cr to thc c1u:rliflcation pn:scribed in thc DSC 2024 Notificario r. for the post of Phl sical Educalion Teachcr, rvhich reads as uncter: ., ] 3 Et,ICII]II-I'TY:. (ii1 Qti;\1.11:IIIATIONS POSl' \\ ISE IV [)lr1'sic al Etlucation 'l'cacher:

1. llust possess lntcrme(liate (or-its c(lLrival.!t] r("1.!tlliz.'-l l]\' thc Board of Intel mediatc EclucaLion, Te lrr: Lq,rrrar rr iLh r rrrrirrrum 50 , of nri,rks. Ancl A Ccrtificatc / Urrdcr Grad\lalc Dipoimr,. rrr l)h. ;rcal Il(lu(iittion 7' l)iPloD]a in Phl sic;rl liducar-r.r r hol.r an IrstilLttion rccogrrizcd tr,, the NCTII.

2. I{Lrst possess a BaclrcLor s Degrce Or V. And llachelor of Physical Dducation {B.P.Ed.) of atlr..st I year duration from any institution recognDed by N(l"l! I-anguage / Medium Str-rdv Qualifications: The candidates ,,vl.ro have (i) passcd either s:Srl (or its equivalcnt) Examination or lntcrrncdiate (or its cc, -r ivalcnt) or Degrcc Oxamination in the medium of rnstructiol <oncc|ned or (ii) hLrve studies the Language concerned as Fir: t Language in SSC (or its equivalent) or as Part-l in Interne,lirrtc (r)r its equrvalcnt) or as Second Language in Interrnecliatc (or its equrvalent) or as a Subject in Degree, are eligible t-,)r'tl.re Dosts of SA (MathematLcs, Biological Sciences, Physir:r I Sciences, Social Studies & Physical Education), SGT and l)lj-t' irr the conccrned medium. The written test wilt be in t)rc billrrgual language with concerned medium and English.' 1 72 PK, J W.P.No.28608 o[ 2024 14 . A bare reading of the aforcsaid condition 13(ir)(lV) in consonance with 13(ii)(V) makcs it abundantly clear that a candidatc aspiring the post of Physical Educatior-r Teacher (Urdu medium) must possess either Intermcdiate :rnd Unclcr Graduate Diploma/ Diploma in Physical Education (or) Bachelor's Degrcc and Bacltelor of Physical Education of at least ( 1) ycar cluration , u,ith the medium of study/ onc of thc laL-rguages as 'Urdu' eithcr in tlte SSC (or) Intermediate (or) Degrcc-levels. Irrom a pcrusal ol the petitioner's educational qualification ccrtificatcs, it is clcar that she l-rad studied SSC with Tclugu as the medium 'of instruction during March, 2OOl; lntermediate also u i[h Telugu as thc mcdium of instruction during March, 2003; Bachclor of -,\r'Ls u,rth Tclugu as one of the subjects during June, 2007; and Bachclor of Physical trducation during March/April, 2072. Hou,cver, thc pctitioncr appears to have prosccuted Intcrmediate with Urdu as onc of the subjects from the Telanga:na Open School Society during Deccmber, 2074.

15. It is relevant Lo note that the respondents have rejected the claim of lhe petitioner for appointment vide proceedings dated

06.12.2024, relying on thc guidelines issued in proceedings 13 PR, .J ". P.li ) 286()8 of2024 Iic.Nc-r.20lttC lr l.'SC/TRT/2023 dated 30.A9.2O2L. inri 1he relevanl ( iuid clinc icirrls rrs \rnclcr.

5. Vt r ir't, rrtion oi Certitlciltcs {c:) 1'lre r:rncliclatc who acquired lorver qualiti_- rL on :fter ac,luir-rtg l-righcr qualification is not eligi:; r: lor the sclcctron to thc applicd post."

16. l'hr' :rforcs;rrcl Guiclelinc squarely applies tc ihc r:ase of thr: petit joncr', irs sltt lr:Ld procured her Intermccli:rtc \\ iL I Urclu zrs onc 01 t l-rc langtragcs li-otn the Telangana Opcn Sci ool Socictr in N'l:rr r:1r/April, .2U I l, aftcr acquiring thc qualificatio.r o1' ll:.cltelor-,s o1' Alts rrrrl IliLclrk,r''s of Phvsical Eclucation. u'ar t.,.I; clrir-ing .ltrr-rr.. 2007 :Lncl Marrclr.i April,2012, respectiveil.. It is necl ess ro sa)., tlt(l (iuidclirrcs govt'r'rring such matters of recruiLmctr t\rc i)so filclo cxr'lusivc'l_r rr,illrirr thC donrain of thc authorit], corr,.,l-necl. IIorYevcr,, rn llrc inst:urt ('ilsc, the satid guidelines, opcrating lt ; an mpedintcnt to thc casc of tlt(t pctitioner, were issued after the re: .r itmr.ltt process hacl bcgun.

17. Thc Corrstitution Bench of the Hon,ble \l)cx CoLrrt, irr K. Manjusree (sLrpra), has categorically held thar the rulcs [or a public recrllitlncrrt cannot be changed mid-u,ay, .ltcl that all the conditions must l)e expressly stated in the original N otification and I 74 PK, J W.P.No.286a8 of 2O21 carlnot bc introduced or altered after the commencement of recruitment proceSs Thc relevaut portion of the said decision is extracted hereunder: "33. Thc Resolution dated 30 11,2004 merely adopted the procedure prescribed earlier. The previorts procedure was not to have any mrnrmum marks for interview. Thereforc, exrending the minimum marks prescribed lor lvritten examinaLion, to intcryic\\.s, in the selection process is impermissible. We may clarify that prescription of minimum marks for any interview is not iltegal. \\'e have no doubt that the aulhority maling rules regulating the selection, can prescribe bv rules, thc minimum marks both for written cxamirration and intcrviervs, or prcscribe minimum marks for writtcn examinalion but not for intcrvieiv. or ma_\ nol prescribe any minimum marks for cither u'ritten exafilinatlon or inten,iew. Where thc rules do not prcscribe ag,proccdure, the Sclcction Committec may also pr-escribe the rnrnimum marks, as stated abovc But if the Selection Committee \\,arlts to prcscribe rninimurr marks lor interyiew, it should do so befot-e the cornmencement of selectioo process. If the Selection Committce prescribcd minimum marks only for the rvritten examinatior-r, before tltc cornmeltccmcnt of selection pl-occss, rt cannot cither during the selection process or after the seiection process, add an additional requirement that the candidates should also sccure minimum marks rn the interview. What we havc found to bc r[egal, is changing the criteria after completion of the sclection process, whcn the entire selection proceeded on the basrs that therc rvill be no minimurn nrarks for the intcrview.

35. Thc F ull Court alloE ed thc Admrnistrative Committce to determine the method and rnanner of selection and also allorvecl it b conduct the cxamination and intcrvicws with refercnce to thc method and manner determined by the Administrative Committee. Once the selection process was completed rvith refercnce to the criteria adopted by thc Administrative Committee and the results were placed before it, the Full Court did not find fault with the criteria decided by the Administrative Committee (as per Resohrtion dated 30-11-2004) or the process of examinations and intervieu's conducted by the Administrative Committee and Interiew Committee. tf the Full Court had found that the procedure adopted in the examinations or interviews was contrary to the procedure prescribed, the Full Court could have set aside the entire process of selection ar1d directcd the Administrative Committee to conduct a fresh selection. The Resolution dated 30-11-2OO4 was approved. It did not find any irregularity in the examination conducted by the Administrative Committee or the interviews held by the Selection Committee. The assessmeint of performance in the written test by the candidates was not ', .:. 15 PK, J l'.,i t 185O8 oJ 2t)24 (Lstull)ed. lhc assessrrreltt of perlor.rnancc i11 Lllc I ,r,r-r,ic,,. hv tht: SeLcctron (lorntuil tce \\.iis not (ltsturbcd."

18. Sir:rilarl.t. irr Tej prq.kosh pathak (suprrr), ri lar'11tr Bc.nr:h of Lhc l lon blc Altcx Court caLcgoricaliv he Id as unclcr: - (lortclu sron s

65. We, tlrerefore, arls\r.ct tlte rcference in the follotrr:t tcr.trrs 65.2. Ir igrbrLt! critcrra [or being placed in thc selcc at thc contrtrt'rrccment of the rccruttmcrlf proce.t:, ir trt.. I l,.r:,', rllyrruqll 1l1s 1r,r-y11it111g111 n1.r1-r.;. .'\tant ilLtl{ s so pcrmrt, or the advertiscmcnt. \. collrritr \ to tite cxtant l{rlles, so pcrmit. Lvetl :l sLt l)er:tttssritlc utrcler tlrr.: Cxtant RuleS Or thc a(l\C:.1, al;,lllgC u,)ril(1 ltave 1o lreCt the rcclUircmcnt of r\rrr aonslitL.troit irrrcl satlst\ tltc tesI oI non-arbrtrarirrcs:; .s t. lt() ilic.l ,itltll )t I)e lirlcsi ri lt l.; noi , L'lriLt,rgr'ts ''i l tlit. lli(, I () rlr. r 1!1. I. vieu' '.,[ tllc .rbo'c. rrris court is ol Lhc con:ii(i( ]()d :,rli.ion thar llrc' r'Ljcc'.iorl ordcr d,tc.r 06.r2.2024 is wrioly u.sL sli,ri.zrbrc, as tilc silrrc \\als pztss.(l b.lsills on thc guidelines iSSLrcCl _ L)sc(l,Lcnt tu thc c.)mnleltcct-ncrrt of recruittnent proccss, which is irr.i r..rr1i.;si51" a,rr.1". lari'

20. Be that as it ntay, it is also pertinent t) noto Lhzrt thc respondents har,r' placed on record a copy of thc Irospcctus of the Telangana Opcn School Society and paragrzrp h ) .2 of the said Prospectus is <:xtracted hcreunder: I 16 PK,,] llt.P.No.28603 o[ 2024 " 1.2 SSC/ lntermediate Certificate should not enroll once agatn Telar-rgana Opcn ScL'rool: Holders of other Boards for SSC / I ntcrmediate ol Persons u'ho ltave alread_v passccl SSC / In termediate from anv other Board o[ Secorrdar-y Edu calion / In rcrmcdiate EducatioLt of Telangara or from oLhcr statcs should not cnroll lor SSC / Intermediate Course of 'lclang;rna Opcn School lor ar-r1. reason. On the contraJy, i[ anyone enrolls and passes SSC / lntermed iate from Oper-r School suppressing tl.rc information that they havc alrcady passed SSC/lntermediate from anothcr Boar-d, their SSC / In termcdiatc pass certificatcs ,"vill bc cancelled."

21. As can be seen from thc abovc, it is clear that the canclidatc who has previously acquired SSC / Intcrmediate from another Board of Education, r,vithin or outside Telangana, is strictly prohlbitcd from pursuir-rg the saicl course from thc Tclangana Open School Soc.iety, and tl'rat suppressing the matefial information to securc a certificate lrom the Telangana Open School Society, lcads to the cancellation of pass ccrtillcaLes of the individuals.

22. In this connection, it is pertinent to note that the petitioner contended that Lhe Prospectus is neilher a rule nor a regulation and therefore, it is not binding. Horvever, in lhe opinion of this Court, this contention of the petitioner is legally untenable. A Prospectus is not a mere booklet outlining the details of an Institution, but it also acts as a form of legal contract between the 'I'elangana Open School Society 1l PIi, J I\'.1> lto.26b'13 oi 2t).; all(l rhc srudcnrs. with certain terms and conditions, rvirh a bincrrng cfllct on eilh<:r party, ancl in casc of vio]aLion or b-circh or the sairr [e rms of sucit contract, the said part1, is liable r.r f:rce necessarr. cor)sequcnccs ln thc instilnt case, tltc petitio tr:r Itas alrcady cor.plercd Int.rntcdiate during N4arc1-r, 2003, and sL: l] lcq rrcn tl\., u,e.t aht'ad to pursLt(, Il)termediatc again lrom the..lelangln:r ()pen School Sor;ictr, in M:rrclr/April, 2O 14, thereby, attracting thc alore said corrclition No. I 2. Therelorc, in the opinion of rltis Court. thc I n Lt:r'.rccli.Le C(r'riilcate o1'tl)e pctitioner, obtainecl tir,rr thr: Tclanga.rr ()pcn Schcrol Sor icty, is uoicl-ab_initio

23. I r'r .,,ieu. o] tltc trbove, t]ris Court is not inclincri tc grant artl relicf t. thc- pctilioncr. As such, the pre seltt writ pc _itio. is liable trr bc clismlsscd. '21 . Accorclirrgir . rhc Wr-iL Petition is dismissed Misccllancous applicatior-rs, if any, pending in t tis u,iiI petition, shzill stand closcd. No costs \ SD'-P. PONNA KRISHNA AS!;ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 9n" CC to SRt t\,,lAMtDt SAt YADAV, Advocate tOpUCl 2. One CC to SRt SAt PRASEN_GUNDAVARAM, Adrocat: [OPUC] , 3. Two CCs to GP FOR SERVTCES t, High Court for the Staie of-TZtangana 4. Two CD Copies BN BS HIGH COURT DATED:0511212A25 --,-:;::l;t.-. - --\: \LL.i/i ' ft: ::, +/ c,. ,/"'ti" lla-< l!; lr'L\i,., \ :.\/ CC TODAY ';. .,. ,_, lq;r ,l r: ORDER WP.No.28608 ot 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS q\r&\ I