Anoosha Sepuri v. 1. The State of Telangana

Order

... Respondents The Writ Petition is hied aggrieved by the action of the respondents in not issuing appointment order to the petitioner to the post of Extension Ofhcer (Supervisor) Gr.l as arbitrary and illegal.

2. Heard Sri Srinivasa Rao Madiraju, learned counsel for the petitioner, learned Government Pleader lor Women Development and Child Welfare Department for respondent No.1 and Sri M \ 2 P.S.Rajasheka-r, learned Standing Counsel forespondent No.2

With their consent, the Writ Petition is taken up lrr disposal at the admission stage itsel I

3. Today, r,r,hen the matter is taken up for ht i ring, the learned counsel for petitioner submits that the subject rr atter of this writ petition is squarely covered by the order passec by this Court in W.P.No.2553 1 of 2024 and batch dated 12.12.2o 15 and requested the Court to pass similar order in this nrit petiti. n also. The said submission is not seriously disputed by the learned counsel appearing for the respondents.

4. ln view of the above and follou,ing thr: trder passed in W.P.No.2553 I of 2024 and batch dated 12.12.2-,25 and ir.r terms thereof, this writ petition is disposed of, directing rl e respondents to re-consider the claim of the petitioner lor appointrt:nt to the post of Extension Officer (Supervisor) Grade-l in the espondent No.1 department in pursuance of Notification N t ll12022 dated

27.8.2022, purely based on merit as was donr in the cases of appointment/ promotions of similarly situatcd candidates, as expeditiously as possible, preferably within a per od of eight (08) weeks from the date of receipt of a copy of this ord€r l 3 Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY' SDIT. SRINIVASA REDDY ASSISTANT REGISTRAR G SECTION OFFICER To SA

1. The Principal Secretary to Government, Women Development and Child Welfare Department, Dr.B.R.Ambedkar. Telangana State Secretariat, State of Telangana at Hyderabad.

2. The Secretary, Telangana Public Service Commission, Hyderabad. 3. Two CCs to GP FOR WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI SRINIVASA RAO IVIADIRAJU, Advocate IOPUC] 5. One CC to SRI P.S.RAJASHEKAR, SC FOR TGPSC, Advocate (OPUC) 6. Two CD Copies Y HIGH COURT DATED:1611212025 ORDER WP.No.30699 of 2025 !J; I j (]}' \rr4 Y () (J 3 0 Jr r 2026 l'l --..-'? .-.' e .Ll' '1t .7 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ,lf f IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.25837, 25531 and,24496 of2024 Dated 12th December, 2O25. Between: Mohammad Karishma and others The State of Telangana, Rcp. by its Principal Secretary, Higher Education Department, Secretanat, Hyderabad, and others COMMON ORDER: AND Petitioners Respondents Since the lis in these writ petitions is one and the same, they are heard together, and are being disposed of by way of this common order.

2. These Writ Petitions are filed seeking to declare the actron of respondent Nos.2 to 4 in not considering the Master's Degree of the petitioners obtained from the Acharya Nagarjuna University, Guntur District, through distance mode, for their appointment to the post of Librarian under the control of respondent Nos.3 and 4, by referring to the Public Notice No.F.27-1 /2072 (CPP-ID dated 27.06.2O13, as illegal, arbitrary, bad in law, discriminatory, apart from being violative of Articles 2 PK, J - W l' i x 25637 of 2a24 & batch 14 and 19 of the Constitution of India, and also Sectic t 95 of the Andhra Pradesh Re-organizatior-r Act. 2O 14, and conseqrrr:lt ly, to direct the respondents to consider the candidature of the petition : -s for appointment to thc post of Librarian, dulv recognizing their Vl ster's Dcgree, bv declaring that the Public Notice d,atcd 27 .06.201 3 is : rapplicablc to the petitioners.

3. Heard Sri Goda Siva, learned Senior Cor: r sel, appearing for the petitioners in W P.No.25837 of 2024; Sri M.V. i rma Rao, learned counsel for the petitioners in W.P.No.25531 of 2O24; S P. Rama Sharana Sharma, learned counsel for t[re petitioners in W.l'. ] o.24496 ol 2024; learned Government Pleader for Services-1, appea' ng on behalf of respondent Nos.1, 3 and 4; Sri P.S. Rajasekhar, learne I Standing Counsel for Telangala Public Service Commission, for responcle t t No.2; and Sri G. Vidya Sagar, learned Senior Counsel, representin- Sri Sai Prasen Gundavaram, learned r:ounsel for the unofficial respo r Cent Nos.5 to 13. Although Sri Mohd. Baseer Riyaz, learned counsel, file< ,akalath on behalf of thc petitioners in W.P.No.25837 of 2024 on 11.O9.2(r 5, the matter had already been argued by the earlier learned counsel art it rvas posted for orders. In view thereof, this Court has proceeded to 1 ass orders on the basis of the arguments already advanced. a PK, J W.P.No.25837 of 2024 A. batch

4.1 Sri Goda Siva, learned Senior Counsel appearing on behalf of the petitioners in W.P.No.25837 of 2024, submits that Acharya Nagarjuna University is a State University established in the erstwhile State of Andhra Pradesh under Act 43 of 1976, and as a part of its curriculum, the University started providing undergraduate ald postgraduate programmes through distance mode by establishing study centers in different parts of the erstwhile State of Andhra Pradesh. Subsequently, after bifurcation, the study centers continued to operate and the University was enrolling the candidates belonging to the State of Telangana and was awarding them certificates / degrees. Likewise, the petitioners have prosecuted their Master's Degree in Library and Information Science from Acharya Nagarjuna University, Guntur District, through its study centers situated in Telangana, during the years 2Ol7 to 2022, and the said Degrees are also duly recognized by the University Grants Commission and the Distance Education Bureau.

4.2 it is submitted that respondent No.2 issued a General Recruitment Notification vide Notification No.3O / 2022 dated 31.72.2022, inviting applications for the post of Librarian under the control of respondent Nos.3 and 4. In pursuance thereof, the petitioners, being fully qualified, applied for the said post, appeared and qualifred in the written examination, and their names were also shown in the list of selected 4 PK, J W I o.25ll37 of2024 & bcltch candidates, and they were accordingly called for cr:tlficate veri{ication. However, respond.ent No.2 has orally refused to consi,I :r the candidature of the petitionors, on the ground that the lvlaste- ; Degrees of the petitioners rverc obtair-red from the stud_v ccnters ol r charya Nagarjuna University, which are allegedly deemed as outside tr:r r torial jurisdiction, as per the Public Notice of the University Grants )ommission clated 27 _06.20t3.

4.3 Learned Senior Counsel further submlts tL i t Section 95 of the Andhra Pradesh Reorganization Act, 2014, mandates t lual opportunities for quality higher education to all students belonging , both the State of Telangana and Andhra Pradesh, with thc contin r ation of existing admission quota for a period of ten years. As such, th: Degrees grants by the State Universities established in the erstwhile Statt rf Andhra Pradesh are valid for employment in both the successor States. I lou,ever, contrary to the same, respondent No.2 is not accepting the Mas I :r's Degrees of the petitioners, in view of the aforesaid Public Notice datecl ) 7 .06.2013.

4.4 It is further submitted that the Telang r ra Social Welfare Educational Institutrons Society, through responden No.2, had earlier issued Notification No.2O/2O 17 dated 14.O4.201,7 , for I lling up the posts of Librarian in Residentia-l Schools/Junior Colleges, :r d the candidates, possessing the Master's Degree obtained through d r tance mode from 5 PK, J W.P.No.z5837 of 2024 & b@tch Acharya Nagarjuna University, rvere considered for recmitment and meritorious candidates were duly appointed, without any objections. It is also submitted that respondent No.3 also had earlier issued proceedings, hlling up the posts of Librarian by way of promotion of Senior Assistants /Junior Assistants / Typists, wherein, the candidates possessing the Degree in Library Science through distancc mode from Acharya Nagarjuna University, whose admission was also subsequent to the issuance of Pubtic Notice dated 27 .06.2013, were also issued with promotion orders. As such, the action of the respondents in not considering the case of the petitioners herein for appointment, based on the Master's Degrce obtarned through distance mode from the study centers of Acharya Nagarjuna University, is wholly illegal, arbitrary, bad in law, discriminatory, violative of Articles 14 and 19 of the Constitution of India, and also in violation of the provisions of the Andhra Pradesh Reorganization Act, 2O 14.

5.1 Sri M.V. Rama Rao, learned counsel for the petitioners in W.P.No.2553 1 of 2024, subrnits that the petitioners herein a.[so possess their Master's Degree in Library Science obtained from Acharya Nagarjuna University, though distance mode, during the years 2016 to 2O2O. As such, in pursuance of Notiflcation No.3O /2022 dated 31.12.2022, these petitioners also participated in the recruitment process and stood 6 PK, J lry 1 a.25637 of2024 & batch meritorious. Despite the same, on the same ground ,r urged supra, the responclents were not considering the case of tl e petitioners for appointment. As such, the petitioners submitted tht:r representation to respondent No.2 on 12.06.2024, requesting to consiclt r rheir quzrlificatron as valid and to appoint them as Librarians based on tl ir rr,erit, but there was no responsc. Thus, the petitioners fiIed W.P.No. I ,r 86 of 2O2.1 before this Court, wherein, vide interim order dated 0l .O r 2024, this Court directecl respondent No.2 to consider and pass appr.<)]) iate orciers on the representation of the petitioners. However, without r('1 ' -€:nce to a:]y of the submissions made by the petitioners herein, resporr( nt No.2 passed a speaking order vide impugned Memo.No.453/ Rectt 1>r, I tl/3/2022 dated

29.O8.2O24, rejecting the claim of the petitioners, b-y r t t erating I irat they have studies from the study centers, which are not ocated within the territonal jurisdiction of Acharya Nagarjuna Universit,r .

5.2 Referring to the earlier recruitment Notill : Ltion No.28/2O 17, learned counsel submits that respondent No.2 is adoptir g a different stand in different recrllitments, as it had accepted the certrfir r tes and a ppointed the rneritonous caldidates therein, possessing thc' \ aster's Dcgree in Library Science, obtained from Acharya Nagarjuna l. riversity, through distance mode, while denying to consider the case oI- Le petitioners who 7 PK, J W.P.No.25837 of 2024 & batch possess the very same qualification, which ts ll1egal, arbitrary and highly discriminatory.

5.3 It is further submitted that as per Section 95 of the Andhra Pradesh Reorganization Act, 2014, even after the bifurcation, the certificates obtained through distance mode from study centers in both the successor States, during the ten years, i.e., 2074-2024, are valid for appointment ald higher education. It is submitted that Kakatiya University, which has its territorial jurisdiction in Telangana, also operated study centers in the present State of Andl.rra Pradesh up to 2022, and those certifrcates are treated as valid, for appointments and promotions. It is also submitted that the University Gralts Commission has also granted approval to Acharya Nagarjuna University for running various courses, including Master's in Library Science, through Open and Distance Learning Mode, continuously from 2074 to 2024. Horvever, ignoring a1l these facts, respondent No.2 has rejected the candidature of the petitioners treating their valid certificates as invalid, which is wholly illegal and arbitrary.

6. Similarly, Sri P. Rama Sharana Sharma, learned counsel for the petitioners in W.P.No,24496 of 2O24, submits that the petitioners herein also possess the Master's Degree in Library Science and in pursuance of Notilication No.3O of 2022 dated 31.72.2022, they have also 8 PK, J W F . o.258:)7 of 2024 & batch applied for the post of Librarian, appeared and stooc meritorious in the written examination. However, their candldature is nr i being considered on the very sarne ground that they possess a Master s Degree obtained through distance mode from Acharya Nagaljuna l- t iversity, rvhich is wholly illegal, arbitrary and violatrve of principles of n.r I ral -justice.

7. Therefore, Iearned Senior Counsel an,1 learned counsel appearing for the petitioners seek indulgence of this (l rurt to declare the Master's Certrficates of the petitioners as valid, and coll ;equently, to direct the respondents to consider their case for appointnr )nt to the post of Librariar-r, based on their merit, without reference to tL, relection vide oral and impugned order, as the case may be. Reliance h: r been placed upon the decisions of the Hon'ble Apex Court in Sheo S3r '.m and Others u. State of U.P. and Grthersl and Stcte of Bihar and )thers u. Shgatna Nandgn Mishra2

8. On the other hand, learned Government P t ader for Sewrces-I, appeanng on behalf of respondent Nos.l, 3 and I submrts that in response to the orders issued by respondent No.1 t( notify the vacant teaching posts in the Department vide G.O.Ms.No.11ti dated 22.07.2022, among other posts, (31) vacant posts of Librarian we:-, notified by Public 1 (2OO5) 10 SCC 314 2 (20221 t7 SCC 42O 9 PK, J W P. No.25837o[ 2024 & b@tch Service Commission vide Notihcation No.30/2O22 dated 37-12.2022, tn accordance with the qualihcation prescribed in G.O.Ms.No.26 dated

30.O7.2021,, read with G.O.Ms.No. 178 dated 09.12.2OO5. Subsequently, after conducting the written examination and verihcation of certificates, a merit list was published by Public Service Comrnission vide Lr-No.543/RP- III / 3 / 2022 dated 04.7O.2024 , and in pursuance thereof, the Commissioner of Technical Education issued appointment orders to the meritorious candidates vide File No.CTE-EST2/ SMSL/53 /2024- ESTABLISHMENT-2-CTE dated O8.7O.2024. It is further submitted that out of the (3 1) notified posts of Librarian, (2) posts were withheld by the Public Service Commission and (24) candidates were issued with appointment orders, in pursuance of which, the individuals also reported for duty at their respective institutions. It is further submitted that the roie of respondent Nos.1, 3 and 4 is confined to notify the vacancies as per the service Rules and to issue the appointment orders based on the merit list furnished by the Public Service Commission.

9.7 Sri P.S. Rajasekhar, Iearned Standing Counsel for respondent No.2, frrstly submits that in compliance with the interim orders of this Court in these writ petitions, a total of (14) vacancies were to be reserved. However, (3) candidates among the writ petitioners, with Hall Ticket 10 PK, J LV.P I 0.25837 of 2024 & batch Nos.23030OO225, 23O1001446 and 2303000453 are rtr within the zone of consideration, as per their merit. As such, in complizur :e rvith the interim orders of this Court, a total of (11) vacancies were reser! :d.

9.2 It is submitted that respondent No.2 i ;sued Notiflcation No.3O I 2022 dated 31. 12.2022, inviting application: ior the posts of Librarian under the control of respondent Nos.3 and ' , ar'td total of (7 1) vacancies ((40) under Intermediate Education and (3 ) under Technical Education) were notifred, and the qualification prescrib: I for the sard post, is mentioned in G.O.Ms-No. 178 dated 09.12.2005, (i O.Ms.No.26 dated

30.O7.2027 and G.O.Ms.No.79 dated 25.11.2OO2. hL pursuance of the said Notification, the petitioners herein participated -r the recruitment process. It is submitted that all the petitioners her: n completed their Master's in Library Science in distance mode from I charya Nagarjuna University, through its study centers situated in l'el r rgana, during the years 2Ol7 to 2022. However, the Public Notice of thi Unrversity Grants Commission dated 27 .06.2O 13 bars the Universitieri to operate study centers outside rts terrrtorial jurisdiction, and as 1 er the Nagarjuna University Act, the territorial jurisdiction is Guntur ar d Ongole Districts only- As such, since the petitioners have joined tlL, study centers of Achaq,z Nagarjuna Universi$ outside the territorial urisdiction of the University, after publication of the said Public Notice, t r :y are ineligrble for 77 PK, J W.P.No.25837 of 2O24 & batch appointment. Therefore, even if the proviso under Section 95 of the Andhra Pradesh Reorganization Act, 2014, which guarantees equal opportunities to students for higher education, is made applicable, the pctitioner's Master's Degrees are not valid, as the University is not authonzed to operate study centers outside its jurisdiction.

9.3 It is further submitted that the Universitv Grants Commission had addressed a letter dated O8.O9-20 15 to the U.rirr"..ity, clarifying that the University established or incorporated by or under a Statc Act shal1 operate only within the territorial jurisdiction allotted to it under its Act, and that the programmes shall not be offercd through fr:rnchising arrangement and/or through private institutions / collcges. It is submitted that the study centers, where the petitioners have studies, are not a part of Acharya Nagarjuna University, and they are in the fashion of franchising arrangement with private institution. As such, the degrees of the petitioners are not valid, and therefore, respondent No.2 has rightly passed the order dated 29.08.2024 (impugned in W.P.No.25531 of 20241, rejectitg the candidature of the petitioners.

9.4 It is further submitted that in similar circumstances, in W.P.No.3O06 of 2021, this Court was pleased to dismiss the writ petition vide order dated 17.08.2O22, ln view of the fact that the petitioners therein also prosecuted their Degrees though distance education mode from 12 PK, J WL o.25B37 Af 2024 & batch Acharya Nagarjuna University, through the study ce r .ers in Telangana, which are outside the territorial jurisdiction of the IJ. iversity. As such, the saLd princrpie is squarely applicable to the facts of 11 e present case.

10.1 Sri G. Vidva Sagar, lcarned Senior Corr rsel appearing on bchalf ol the unofficial respondents, submits tha i in pursuance of Notification No.30l2022 dated 31.12.2022, the unofhcii lrespondcnts have also participated in the recruitment process, appeared br and cleared the written examin:rtion, and were called for certificate ver hcation. However, in view of the subsisting interim orders of this Court, r 1 ey rvere not issued with the appoir.'r tment orders. It is submitted that mer r securing of higher marks and merit in thc general ranking list does not er title the petitioners to be considered for appointment, owing their unr:cognized Master's Degree ccrtihcates. 1O.2 It is submitted that in response to the l:tter addressed by respondent No.2 dated 17.O5.2024, Acharya Nagarjun r University, Guntur District, vide letter dated 06.O6.2024, communicated r list of candidates who have passed B.Li.Sc./M.Li.Sc. Degrees from th:ir University from distance education mode, wherein, the petitioner':; names were also included, and against their name, it was recorclt C that they havc undertaken their studies through distance mode ; Telangana State- Further, against the column, fuhether the study <rr ntre is within the 13 PK, J W.P No 25837 oI2024 & batch jurisdiction limits of the University?', it was recorded as yes', as per Ref-3 of Part-XI of the Andhra Pradesh Reorganization Act, 2014. However, the sard Acharya Nagarjuna University is located in Andhra Pradesh. 1O.3 It is submitted that the University Grants Commission had earlier issued a Public Notice dated 27.06.2073, whereby, certain guidclines were issued and the Universities were requested to offer only those programmes approved by the University Grants Commission and to foltorv the policy on territorial jurisdiction and study centers. As such, the Universities are not authorized to open study centers or otT campus ccnters beyond the territorial jurisdiction of such University, ald a University established under an Act shall only operate rvithtn tl.re territorial jurisdiction allotted to it under its Act. Thus, since the territorial jurisdiction of Acharya Nagarjuna University in only conltned to Guntur, Pral<asham and Krishna district, which now form a part of the State of Andhra Pradesh, the Master's Degrees obtained by the petitioners, through study centers in Telangana, are unrecognized. It is submitted that the Notilrcation dated 31.12.2022 cLeafly specifred that the educationeLl qualihcation certificates obtained through distance education mode, contrary to the notihcation of the University Grarts Commission dated

27.06.2013 are invalid. Therefore, the petitioners' names were rightly excluded from the provisional selection list. 14 PK, J W t: 1 o.25637 of 2024 & batch

10.4 It is furthr:r submitted that Section 95 of rl e Andhra Pradesh Reorganzation .\c t . 2014, prondes for extension ofec3 I opportunities for the students to get zrdmissions in educational instil t . Lonal as provident under Article 317 D of the Constitution of India, whicl'r I ad continued for a fr-rrther period ol (1O) r,cars, from 2Ol4-2O24. Howevc -. thc said proviso does not have any bcnefit of extending off-campus ::nters outside the terntoriai jurisdiction of Acharya Nagarjuna University Therefore, degrces obtained from ltrc study centers in Telangana Distrrr 1 are not valid :rnd recognrzed under the Act. It is further submitted :rat the petitioners cannot claim negative equality, and seek a directir,; to valiclate their degrees, rvhich arc contrary to 1a\,\".

11. Therclore, learned Government Pleader learned Standing Counsel, as well as thc learned Senior Counsel appea ng on behalf of the respondents pral this Court to dismiss the presenl writ petitions. In support of their case, reliance has been placed upon tL r decisions of the I Hon'ble Apex Court Prof. Yashpal and ant tther u. State oJ Chhattisga.rh and. others3 and Ramesh Cl andra Shah o.nd. others u. Anil Joshi a.nd. othersa; 3 (2005) s SCC 420 1 (2013) l1 SCC 309 15 PK, J W.P.No.25A37 of 2024 & batch 11 n1 Division Bench of the High Court of Andhra Pradesh in Subramanga Kumar Y-V. u Southern Power Distribution Co. of A.P. and. ofherss; and This Court rn W.P.No-3O06 of 2O2I dated 17.O8.2O22, and W.P.No.13823 of 2O23 dated 16.O7.2024.

12.l In reply, learned counsel for the petitioners in W.P.No.2553 i of 2024 submits that the petitioners have obtained their Degrees from Acharya Nagarjuna University through distance mode, with due approvals granted by the University Grants Commission, and it has also been clarified by the Unl,ersity Grants Commission vide letter dated 27.O3.2024 that in view of Section 95 of the Andhra Pradesh Reorganization Act,2Ol4, Acharya Nagarjuna University is deemed to have territorial jurisdiction to operate study centers both in Teiangana for a period of ten years. Further, similar clarification was also issued by Dr. B.R. Ambedkar Open University vide letter dated 22.O1.2025 that it also had the jurisdiction to operate study centers in Andhra Pradesh uotll2024.

12.2 It is further submitted that the Public Service Commission has been treating the M.Li.Sc. Degree and other degrees obtained from Acharya Nagarjuna Unrversity and Sn Venkateswara University through distance mode from 2Ol4 to 2024 as valid, and accepted the said certificates during s 2007 (5) ALD 667 16 PK, J o 25837 of 2024 & batch earlier recruitnrents and promotions. It is also r ubnritted that in pursuance of DSC 2O24, the State Government had r-t:r r ntly appointed one Ms. A. Roja as Languaqe Pandit (Telugu) based on her l')stgraduate Degree in Telugu obtair.red in 2018 from Sri Venkateswarn Jniversi[r through distance cducalron mocle. Further, respondent No.l2 ras also appointed one candidate a,s Junror Lecturer (Telugu) in pursu'-ice of Notification No.22 12022 , in spite of the fact that the said can date pursued her Master's Degree in 1'e1ugu during 20I6, through distar r e education mode.

12.3 It is iurther submitted that the reliance pl :ed upon the order in W.P.No.3OO6 o1' 202 1 is misconceived, as the s r d order has been passed ivithout considering the scope of Section 6 arL 95 of the Andhra Pradesh Reorganization Act, 2O14, and G.O.Ms.No_17: dated 18.05.2014, and also sincc thc said writ petition arose in a <lif erent context, i.e., admission to B.Ed./B.P.Ecl, It is further submit. d that in similar circumstances, rvhere different stards were taken b1 the respondents in respect of the certihcates of the candidates, resulting ir termination of one set of candidates, this Court allowed W.P.No.7746 of 2t 23, which was also confirmed by the Division Bench of this Cour.t vide judgment in W.A.No.i 778 of 2023. [t is further submitted that t.r: Universit5r Grants Commission had stated that the State Governmenl : nd the Universities themselves are competent to decide the vatidity of the :ertificates, and the 17 PK, J W.P.No.25A37 of 2024 & batch State Government has never objected the certificates ofthe petitioners. As such, the Master's Degree certificates of the petitioners are valid. Therefore, the petitioners are entitled for appointment as Libranans, based on their merit.

13. Having regard to the submissions advanced by learned counsel for the respective parties and on perusal of the materia.l available on record, it is evident that in pursuance of the Notification No.3O /2022 dated 31.12.2022, the petitioners applied for the post of Librarian under the control of respondent Nos.3 and 4, participated in the recruitment proccss, appeared in the written examination, and stood meritorious therein. However, their caldidature for appointment was rejected on the sole ground that they possess the qualification of Master's in Library Science, obtained from Acharya Nagarjuna University through distance education mode from its study centers situated in the State of Telangana.

14. The core dispute emanating for adjudication of this Court is whether the respondents are justified in rejecting the claim of the petitioners for appointment to the post of Librarial, by treating the petitioners' Master's Degree certificates as invalid, while earlier considering the case of the similarly situated individuals. 18 PK, J lV.P : ).25837 of2024 & batch

15. Before adjudicating upon the validitv " the petitioners' Master's Degree Certificates, it is apposite to note hat in an earlier recrurtment vide Notrllcation No.20/2O i7 dated 74.A4. ) )17, issued by the Telangana Social Wclfare Residential Educational Instir rtions Society, the canclidates possessing the \/ery qualihcations of Baclrt-.l -'s and Master's in Library Science, obtained through distance education r r rde from the study centers of Acharya Nagarjuna University, operating r r tside the State of Andhra Pradesh, s'ere not only permitted to participat. in the recruitment process, but were also selected and appointed as Lrt,r, rians in respective institutions, The petitioners have placed on recr, d a copy of the proceedings in Rc.No. G/TS/ 5379 /2OI9 /Z-V\(G) / brarian-9 dated 25.O9.2OL9, to demonstrate the :rppointment of ne IVr. Bandaru Venkateshwarlu, who possesses Bachelor's of I.ibr rry Science from Acharya Nagarjuna University. I 6. Likervise, in respect of the recruitment for Le post of Librarian in Government Junior Colleges conducted under Notl - :alion No.28l2Ol7 dated 02.06.2017, the Public Service Commissior had rejected the candrdature of individuals holding the Master's in Lt b r rry Science Degree obtained from the Universities in the State of Tamil Nai ,r, on the ground of territorial justification. However, the Degrees obt. ted from Acharya Nagarjuna University through distance education mode were never 19 PK, J W.P.No.25837 of 2O24 & batch objected, and even appointments were issued to such candidates, on the basis of their merit. The petitioners have placed on record the relevant selection list and service particulars of certain individuals possessing the very same qualification.

17. Further, it has been brought to the notice of this Court that several individuals who acquired their Master's in Library Science Degrees through distance education mode from the study centers of Acharya Nagarjuna University in Telangana after the Public Notice of the University Grants Commtssion dated 27.06.2013, were also considered for promotion to the post of Librarian in Government Junior Colleges. The petitioners have also placed on record the details of such candidates, viz , Mrs. Y. Vijaya Laxmi, Mrs. A- Praveena, Mrs. G. Swaroopa Rani, Mrs. N. Madhuri and Mr. A. Galgadhar, who are working as Librarians in Government Junior Colleges, having M.Li.Sc. qualification, obtained through distance education mode from Acharya Nagarjuna University from 20 18 to 2O2O.

18. Similarly, in pursuance of the Teachers Recruitment under DSC-2O24, one candidate Ms. A. Roja, who possesses a Master's of Arts Degree, obtained in the year 2018, through distance education mode from Sri Venkateswara University, rvhich also operates beyond the State of Telangana, as that of Acharya Nagarjuna University, was appointed as Language Pandit (Telugu). The petitioners have placed on record a copy of 20 PK, J 7v.P \ ).25837 oI2024 & batch the proceedings dated 09.1O.2024 and her M.A. Certrfrr: te, to demonstrate her appointrnent on the basis of such certihcate. The r ame is not denied by the respondents.

19. In view of the above, it is clear that the resr cndent authorities have consistently accepted the same qualification as 1l: t ofthe petitioners herein, i.e., Master's Degree in Library Science obtain, I through distance education mode from Acharya Nagarjuna Universltl,,r rtside the State of Andhra Pradesh, and on the basis of such certihcatr::. appointments and promotions were granted to the said rndividuals. As s :h, this Court is of the view that the action of respondent No-2 in rejectirg/not considering the claim of the petitioners, who stand on an identic. footing as that of the aforesaid individuals, amounts to a clear disr tLmination between similarly placed candidates and also violates Article; 14 and 16 of the Constitution of India, which action of the respondents ( annot be sustained in law.

20. It is pertinent to note that none of the afot t ;aid instances were cver specihcally denied by the respondents, apart frorr the sole contention that the petitioners cannot claim 'negative equality' f<r rppointmcnt merely because certain similar individuals were granted app,) ntments. However, this Court is of the considered view that the instiir L case does not fall under the principle of 'negative equality', as the petitlr oers are not relying 21 PK, J W P.No 25837 of2024 & batch upon a single appointment or promotion to claim parity. In fact, the petitioners have demonstrated a series of recruitments and promotions during several years, in due acceptance of the degree certificates obtained through distance education mode from thc very same University. Therefore, in the peculiar facts and circumstances of the case, the contention of the respondents that the petitioners cannot claim negative equality cannot be countenanced. Hence, the decisions relied upon by the respondents are inapplicable to the facts of the present case.

21. ln view o[ the above, this Court is of the considered opinion that impugned rejection/ non-consideration ol the petitioners herein for appointment to the post of Librarian is wholly unsustainable on the sole ground of discriminatory treatment vis-a-vis similarly situated individuals.

22. Accordingly, the Writ Petitions are disposed of directing the respondents to consider/ re-consider the claim of the petitioners for appointment to the post of Librarian, in pursuance of Notification No.3O 12022 dated 31.12.2022, purely based on their merit and without reference to the rejection order vide Memo.No.453/ Rectt-pool-ll/3 /2022 dated 29.08.2024 (impugned in W.P.No.2553l of 20241, as was done in the cases of appointment/ promotions of similarly situated candidates, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 22 PK, J W P \,.25637 of 2024 & batch' Miscellaneous applications, if any, pending in t :se writ petitions, sl-ra1l stand closed. No costs. Date: 12.12.2025 GSP JUSTICE T'ILLA KARTHIK