' fA]e8;i 11rn fi a v. 1. The State of Telangana
Case Details
Acts & Sections
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit rileo ineiewittr, the High court may be pleased to issue an appropriate Writ, Ordei or Direction, ,oru"p".ti.Jrly'one in the nature of wRrr oF MANDAMUS OectarinJ the action of the 2nd respondent,s refusar to issue them appointment oro"rs as"Rssistant Motof Vuh[e-. ii.p""to, (ffttt)-in the Transport Department prori"i to Notification vide no. 31tzo22 dated 31 .i2.2022, despite their hafi tic[et ,pp."iing in- tn'e'tinar Provisionar serection Notification aate. ro.lo'.zoiq and no expranation has been provided for this deniar, whire other candidates received appointment orders today, 11.11.2024, rrom the Hon,bre cni"i ru,nist", i" ;rt;;tt l;irir".". tn" petitioners of their right to emproyment and is iriegar, arbitrary,'ai"Jriri.l"ri".v, ,no contrary to the principres of naturar justice and'also viotafive of Articres 14, 16, 1e(s), and 21 of the. Constitution or rnaia,-ano ;;q;;;ii;"'iir""I respondents to immediatery issue the appointment orders for tn" p"'rt oi irrivr in the Transport Department to the petition".i r,"r"i", arong *iti, Lri con-sequentiat benefits, on par with other candidates *to areieceiving their appointment orders today, i.e., 11 .11 .2024 . -numuers lA NO: 1 oF 2024 "ppointment Petition under section 'r 5'1.cpc praying that in the circumstances stated in the affidavit filed in supporr of the p"iition, inl Hibn C";,r ;"ti; pf"*Li ," direct the respondents to immediaterv i.r* inl orJeis io,. [n" -Jt "r Assistant Motor vehicres rnspectorinrrrrvrl-i" iii-Jir"n.po.t Department to the ?:!itl9lg.. herein, atong. with ail ion.",jr"ntiri benefits, on par with other candidates who are receiving their appointmunt oiO.i. today, i.e., 11.11 .2024. Counsel for the petitioner: SRt SAI PRASEN GUNDAVARAM Counsel forthe Respondent No.1 & 3: Gp FOR SERVICES I counsel for the Respondent No.2: sRr p.s. RAJA The Court made the following: ORDER sc FoR Tspsc 'HEKAR, I I THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.3163L OF 2o24 ORDER: With the consent of the parties, this Writ Petition is taken up for disposal, at the admission stage itself.
2. This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondent No.2 in refusing to issue appointment orders to the petitioners as Assistant Motor Vehicle Inspector (AMVI) in the Trarsport Department pursuant to Notification No.31/2022, dated
31.12.2022, despite their ha1l ticket numbers appearing in the provisional selection notification, dated 10.1O.2024, without any expianation, S i1lega1, arbitrary, contrary to principles of natural justice and also violative of Articles 14, 16, 19(g) and 21 of the Constitution of India.
3. The facts of the case are that respondent No.2 issued Notifrcation No.3ll2O22, dated 31.12.2022, for recruitment to the post of AMVI in Multi Zones-I & II for a total of 113 2 {. i PK, J Wp 31631-2O24 vacancies. Pursuant to same, the petitioners have applied for aforementioned post and successfully completed each stage of selection process, vvhich included a Computer Based Recruitment Test conducted on 28.06.2023, Certificate Verification conducted on 12.06.2024 and 13.06.2024, and t}:.e Medical Examination conducted during O1.O7.2024 and OA.O7.2024. Subsequently, respondent No.2 issued a list of privisonally selected candidates on 10. 1O.2O24, wherein the petitioners' hall ticket numbers were included. However, respondent No.2 refused to issue appointment orders to the petitioners. Aggrieved by the same, the petitioners have filed the present writ Petition.
4. Heard Sri Sai Prasen Gundavaram, learned counsel for petitioner Nos. I to 5 and, 7; learned Government Pleader for Services-l for respondent Nos.1 and 3; and Sri P.S.Raja Shekar, learned Standing Counsel for Telangana State Public Service Commission, for respondent No.2.
5. tearned counsel for the petitioner Nos. 1 to 5 and 7 submits that the provisional selection notifrcation, released by I 3 PKJ J Wp-31631 2024 respondent No.2 on LO.IO.2O24, includes list of hall ticket numbers of 113 selected candidates, comprising 54 candidates from Multi Zone-I and 59 candidates from Multi Zone_II. The petitioners' ha,, ticket numbers are also included in the said rist. Despite the same, appointment orders were not issued by the respondents so far. It is further submitted that nine caldidates, who were unsuccessful in the Medical Examination, sought recourse before this Court by filing W.p.No.28639 of 2O24 and this Court, uide ord.er, dated 20. 12.2024, disposed of the said Writ Petition directing the respondents to conduct re-medica_l examination to petitioner Nos. 1to 5,7, g a,d g therein. However, there is no connection ald dependency between the petitioners herein and those nine candidates, who approached this Court by hling W.p.No.2g639 of 2024. Learned counsel further submits that the aggrieved party has preferred W.A.No. 18 of 2O2S before the Division Bench of this Court against the order, dated 20. 12.2024 in W.p.No.28639 of 2024, and the Division Bench, uide judgment, dated O6.01.2025, has suspended the said order holding that any appointments of the l l 4 PK' J Wp 31631-2024 appellants therein would be subject to the outcome of the Writ Appeal. it is further submitted that the other candidates' who were selected for the said post' have received appointment letters from the Hon'ble Chief Minister on 1 1' 1 l'2O24' However' despite their eligibility' the petitioners have not received any communication from the respondents' Furthermore' sixteen posts of AMVI are kept vacant by the respondents' Therefore' rearned counsel prays this court to issue appointment orders to the Petitioners' 6. Learned Government Pleader as well as learned Standing Counsel for the respondents submits that since this Court uide order, dated 20'12'2[24in W'P'No'28639 of 2024' rras directed the respondents to conduct re-medical examination to petitioner Nos.1 to 5', 7 , I and 9 therein' the issuance of appointment orders to the petitioners herein is delayed' 7 . This Court has taken note of the sr'rbmission of learned counsel for the respective partres' *- I t 5 PK, J Wp-31631 2024
8. On perusal of record, it is evident that in pursuance of Notilication No.3I/2022, dated 3L.12.2022, issued by respondent No.2 for recruitment to the post of AMVI in Multi Zones-I & II, the petitioners applied for said post and successfully completed each stage of selection process. Consequently, respondent No.2 issued a prowisional selection notification on 10 .lO .2024, wherein the petitioners' hall ticket numbers were listed. Moreover, the other selected candidates have received appointment letters from the Hon'ble Chief Minister on 11.11.2024. However, no appointment orders are issued to the petitioners so far and the respondents have failed to provide any explanation for this denial. Here,,it is pertinent to note that petitioner No.6 has withdrawn the case during the pendency of the present Writ Petition.
9. In view of tl:e judgment, dated 06.01.2025 passed by Division Bench of this Court in W.A.No.18 of 2025 ald since the hall ticket numbers of petitioner Nos. 1 to 5 and 7 herein appear in the provisional selection notifrcation, dated 10.10.2024, this I ( ( .'t - 6 PK, J Wp-31631-2024 Court deems it appropriate to direct the respondents to issue appointment orders to them forthwith'
10. Accordingly, this Writ Petition is disposed of directing the respondents to issue appointment orders to petitioner Nos' 1 to 5 arrd. 7 forthwith in the transport department, pursuant to provisional selection notifrcation, dated 10' lO'2O24, issued by respondent No.2. Miscellaneous applications, if any, in this Writ Petition shall stand closed. Th,ere sh;d1 be no order as to costs- /,TRUE COPY// AS i SD/. A.V.S. PRASAD ANT REG ISTRAR SECTION.OFFICER to'', . rn" P ri nc par secreg;..Il3l3?"u[,,f,:!o,: fi lS"W#":::]:.:::'* ':LH:F#[iH?s"+i:x":n]h."'fi :tli'a:,::prrer"'el':*-. 3. The commi..ion"' ofiffi;bti' G5;;ii''6nt of relansana' Khairatabao' 8,8,t"o,533",,nn"n, t.Plt"#.?"..St,Ag11i=_U,"J_!,?iyffi*,.13y?f; touTl
6. iwo CD CoPies m BNv \ I I i CC TODAY HIGH COURT DATED:0910112025 c) ' trJ .a 4L1 o .$ \ s- (^, Y,, P * o \ Ic * ORDER WP.No.31631 of 2024 DISPOSING OF THE WRIT PETITION WTHOUT COSTS 0 W