K. Gangadhar Raju v. 1. The State of Telangana

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.32O76 of 2024 ORDER: The present Writ Petition is filed to declare the impugned termination proceedings Rc.No'5923/ AS l2024, dated

11.11.2024 issued by the 3'd respondent by terminating the services of the petitioner without issuing any Notice nor called for any explanation and without giving any opportunity, the said action of the respondents is as i1legal, set aside the same and consequently direct the respondents to continue the petitioner as Secondary Grade Teacher Special Education (Telugu) at MPPS Narmilikonda, Kodimial Mandal, Jagtial District.

2. Heard Sri C. Raja Shekar Reddy, learned counsel for the petitioner, iearned Government Pleader for Services-l for respondents No.1 to 3 and Sri B. Jithender, learned counsel for respondent No.4. Perused the record'

3. Brief facts of the case are that the petitioner is local of Jagfial District and he studies Intermediate in the year 1993 and passed B.A. in the year 1996 and passed Bachelor Degree in Special Education in the year 2000' He also studied Post '2 Graduate Professional Diploma in Special Education (pGpD- SEDE) in the year 2O1O and with RCI (Rehabilitation Council of India) with CRR No.A2 1443 and with equivalency circular also issued on 25.O1.2O18, with all eligible qualifications the petitioner applied to the post of Secondary Grade Teacher I Special Education, pursuant to the DSC Notification 24/RC- l/TRT/DSC/2024 dated 29.O2.2O24 of School Education, Telangana, Hyderabad, issued by the !"a respondent. 3(i) It is the further case of the petitioner that after applying the above said post, 2".r respondent issued HaIl Ticket bearing No.24467315O433 arld examination was held on 2O.O7.2O24 and he secured 67.60 marks and got 2"d rank under BC-D c:rtegory. Pursuant to the same, the petitioner was called for certificate verification on 06.1O.2024, alter verification of the certi{icates, the petitioner was issued appointment orders vide proceedings Rc.No.5923/ AS/2024, dated lS-LO-2O24 issued by the f,.a respondent. Thereafter, the petitioner joined in the MPPS, Narmilikonda, Kodimial Maldal, Jagtiat District, vide proceedings dated 16.70.2024. Since then he was discharging his duties as a Secondary Grade Teacher Special Education (Telugu). While the matter stood thus, after 3 completion of 26 days of working as Secondary Grade Teacher Special Education (Telugu), the 3rd respondent without issuing any Notice nor called for any explanation, without giving any opportunity straight away issued the impugned termination orders vide proceedings in Rc.No.5923/ ASl2024, dated ll.ll.2124, is illegal and arbitrary and clear violation of Rules as contemplated. 3(ii) It is the further case of the petitionet' that in the termination orders, the reasons were shown as under: i) ii) As per G.O.Ms.No.25, S.D. (Ser.III) Depart, dated: 05.09-2023 must possess Intermediate/ senior secondary @r its equiualent) as recognized by the Board of the lntermediate with at least Sook marks (in case of SC/ ST/ BC/ Differently abled candidates tlrc minimum marks shall be 45o/o) and poss 2 years diploma in Elementary Education/ Special Education in B.Ed. bg 4 gears Bachelor in Elementory educatton. In this case Sri K. Cangadhar Raju, S/o. Gopi Raju b hauing only 43.2%" of marks in Intennediate instead of 45o/o of mrlrks os he belongs to (BC-D) communitA. The 2"d reason is taken by the 3d respondent thot arcording to RCI Lr.No.7-91/ RCI-2011, dated: 11.01.2012, condidate must possess Dploma in Special Education (or) PG Diploma in Communitg based rehabilitation PGDCBR tuith (6) montLLs certiftcate course in CruSN is rec4uired- But, the \ I 4 candidate is not tnutng diploma/ equiualent qualificatton in Special Education. With the above said observations, the petitioner's appointment u'as cancelled

4. Learned counsel for the petitioner further submits that the 3.d respondent ignored G.O.Ms.No.1, School Education (Ser.III) Department, dated 28.O2.2024, wherein the amendment to the notification in respect of the (ll) Secondary Grade Teacher' 1) ii) read as follows: ii). Must Possess Intermediate/ Senior Secondary (or its equivalent) as recognized by the Board of Intermediate, Telalgana, with at least 457o Marks (ln case of SC/ST/BC/Differentiy abled candidates, the minimum marks shall be 4Ooh) in accordance r.r,'i th the NCTE (Recognition Norms and Procedure) Regulations, 2OO2 and pass in 2-year Diploma in Elt:mentar5z Education/ Special Education in D.Ed. l4 year Bachelor in Elementary Education. Whereas the petitioner secured 43.2ok of marks in Intermediate. So, the Iirst ground cannot be applicable to the petitioner. The 2"d ground taken by the 3.d respondent is that according to RCI Lr.No.7-91/RCI-2011, dated: 11.O7.2012, candidate must possess Diploma ln Special Education (or) PG Diploma // 5 Community based rehabilitation PGDCBR with (6) months certificate course in CwSN is required' But, the candidate is not having diploma/ equivalent qualification in Special Education. It is not at all applicable to the petitioner and it is clearly contrar5i to the notification issued by the 2'd respondent dated. 29.02.2024 whereas prescribed qualifications to the post of Special Education Teacher posts at Primary Level in the category of Secondary Grade Teacher is, pass in D'Ed' Special Education or its equivalent from an institution recognized by Rehabilitation Council of India with CRR Number' The petitioner is Post Graduate Professional Diploma in Special Education (PGPD-SEDE) with RCI (Rehabilitation Council of India) and must be registered with Rehabilitation Council of India with CRR No.A21443. 4(i) Learned counsel for the petitioner further submits thatinviewoftheabovesaidclarification'theimpugned termination orders cannot be stand for legal scrutiny and the said orders were issued without there being notice nor given arry opportunity to the petitioner to submit his explanation and onthisgrounditselftheimpugnedterminationorderscanbe suspended. \ \ 6

5. A perus;r1 of the record goes to show that this Court on

14.11.2024 granted interim direction that there shall be interim suspension of the impr-rgned terminating order vicle proceedings 1n Rc.No.5923/ A5l2024 dated 11.11.2024 issued by respondent No.3 till 19.11.2024.

6. Later, learned counsei for respondents filed counter along with vacate stav petition stating that the Notification was issued lor filling up of the vacant teacher posts in Government schools i as u,el1 as Zilla Parishad /Mandal Parishad schools. The Teachers Recruitment Test (TG DSC 2024) was held on

18.07.2024 to 05.O8.2024 and the results were released on

30.O9.2024. Alter declaration of results, merit lists have been generated. Thereafter, the candidates who u,ere in the order of merit for each category of post have been called for verification of certificates at 1:3 ratio. After thorough verification of the certificates of the candidates, appointment orders u,ere issued to the candidates on 09.10.2024. 6(i) Learned counsel for respondents further submits that petitioner applied for the post of Secondary Grade Teacher under Special Education category with the foliowing qualification s. 7 Academic qualifications: 1. S.S.C., 2. Intermediate and 3. B.A. Professional qualification: PG Professional Diploma in Special Education (PGPD-SEDE). The petitioner has furnished information in his application which was. submitted while applying to DSC-2O24 through online that he has shown 45.2% ol marks in Intermediate and furnished his professional qualification as Special D.Ed. As per the Notification issued for recruitment of teachers in DSC-2O24, the qualifications lor the post of Secondarlr Grade Teacher (Special Education) Rule 13 (lI) (B) is as follows: "B) Special Education Teacher posts ot Primary Leuel in the category of Seandary Grad.e Teacher: 1 . Must Possess Intermediote / Senior Secondary @r its equiualent) as recognized by the Board of lntermediate, Telanqana uith at least 5O% Marks (ln case of SC/ ST/ BC/ Differentlg abled candidates, the minimum marks shall be 45%) and Pa,ss in D.Ed. Special Education or its equiualent from an in-stitution recognized by Rehabilitation Council of Indin (RCI) ond must be regi.stered uith Rehabilitation Council of India (RCI) tuith CRR Number.

2. Pass in Paper-l of Telangana State Eligibility Test OS?iEq / Andhra Pradesh Teacher Eligibilitg Test 6PTED / Central Teacller Eligibilitg Test. (CTET)." ) I -t 8 6(ii) Learned counsel for respondents further submits that as per the Circular No.7-91/RC-712O11, dated Il.Ol .2O12, t]-re Rehabilitation Council of India have developed guidelines for minimum requirement o-f RCI approved qualifications for appointment of Special Education Teachers. As per the said circular, candidates must possess Diploma in Special Edu<:ation or PG Diploma in CommtLnity based rehabilitation PGDCBR with (6) months certificate course in CwSN is re quired. While issuing the Notification for recruitment ,>f teachers in DSC-2024, the Government has taken into r:onsideration the rules issued in G.O. Ms.No.25, School Bd ucation Department, dated 05.09.2023 arrd G. O. Ms. No. l . School Education Department, dated 28.O2.2024. As per the Notification issued for the post of Seconda4z Grade Teacher (Gcneral) and Secondary Grade Teacher (Special Education) as follows II. Secondarv' Grade Teacher:- A) Secondary Grade Teacher:- ii. Must Possess Intermediate / Senior Secondary @r its eqtiualertt) as recognized bg the Board of Intermediate, Telangorta u.tith at least 45o/o Marks (In ca-se of SC/ S'I'/ BC/ Differently abled candidates, tlLe minimum marks shall be 4ook) in accordance uith tLe NCTE)Reagnition Norms and 9 Procedure) Regulations, 2OO2 ond pass in 2- gear Diploma in Elementary Education / Special Education in D.Ed. / 4- gear Bachelor in Elementary Education. AND Pass in Paper-1 of Telanga na State Eligibilitg Test (TSTET) / Andhra Pradesh Teacher Eligibility Test (APTET) / Central Teacher Eligibilitg Test. (CTET). "B) Special Education Teacher posts at Primary I'euel in the category of Second.ary Grade Teach.er:- 1- Must Possess Intermediate / Senior Secondary @r its equiualent) as recognized bg the Board of Intennediate, Telangana uith at least 50ok Marks (ln case of SC/ ST/ BC/ Dilferentlg abled candidates, the minimum marks shall be 45%o) and Pass tn D.Ed.. Special Education or its equiualent from an institution recognized by Rehabilitation Council of India (RCI) and must be registered with Rehabititation Council of India (RCI) tttith CRR Number. AND II. Pa.ss in Paper-l of Telangana State EligibilitA Test (1'51:ET) / Andhra Pradesh Teocher Eligibilitg Test (APTEI:) / Central T'eacher Eligibilitg Test. (CTET)." 6(iii) Learned counsel for respondents further submits that the petitioner presumed that the qualifications prescribed for the post of Secondary Grade Teacher is applicable to the post of SecondarSr Grade Teacher (Special Education), and the presumption of the petitioner is not correct as both are 'different' posts and have different percentage of marks for each \ -I 10 post. Moreover, the petitioner was considered based on the false information submitted by the petitioner in the application stating that he is having 45.2yo of marks in lntermediate education ancl has completed Special D.Ed as his professional qualification, but whereas, the petitioner is having 43.2o/o of marks in Intermediate and having only PG Professional Diploma in Special Education (PGPD-SEDE) which is not at relevant to the post claimed by him. 6(iv) Learned counsel for respondents further submits that the petitioner belongs to BC category and had got 2"d rank in SGT (Special Education) ald posted at MPPS, Namilakonda, Kodimyal Mandal, Jagtial district. After issue of orders, certain complaints are received and as per the instructions of the Director School Education, Telangana, Hyderabad, a District Level Experts Committee for DSC-2024 was constituted for verification of appeal/ grievances and complaints vide Proceedings dated 29. 10.2024. The District Level Experts Committee DSC 2024 of Jagtial district has examine all the complaints/ petitions with reference to the rules/G.Os and on re-verificatior-r of the certificates of the petitioner, it was found 11 that, the petitioner is not eligible to the post of Secondary Grade Teacher (Special Education) due to following reasons: "a) The petitioner i"s l'nuing 43.2% of marks tn Intertnediate. u.therea.s, as per the Notification, the candidates applging for Secondary Grade Teacher (Special Education) should hsue ampleted Intermediate with ot least 5oo/o of marks (In case SC/ ST/ BC/ Dilferentlg abled candidates the minimum macks shall be 45o/o). b) The petitioner i.s hauing a qualiftcation of PG Prokssional Diploma in Speciat Education (PGPD-SEDE), AS D R quidelines, the condidates must possess Diploma in Special Dducation or PG Diploma in Communitg Bosed Rehabilttation (PGDCBR) tttith six months certificate course in Crc,SN, The petitioner do not possess the aboue quoltJiccLtions. " 6(iv) Learned counsel for respondents further submits that the impugned order, dated ll.ll.2o24 was issued after due verification of petitioner's certificate by the Committee and found that the petitioner is not eligible to hold the post in accordance with qualification prescribed in the existing statutory rules. Therefore, the present action of the respondents is in accordalce with law and even in the put on his notice, he will not improve his case, and the same is not a straight jacket formula in each and every case. It depends upon case to case, as held by Hon'ble Apex Court in catena of t2 judgments. Therefore, prayed to vacate the interim order and accordingly, dismiss the Writ Petition. 7 . Learned counsel for the petitioner filed reply to the counter alfidavit filed by the respondents inter alia contending that the respondents are depended on the circular dated Il.Ol.2Ol2 rthich is not at all shown neither in the G.O.Ms.No.25, dated O5.O9.2023 nor in the notification, as such, the said circular cannot be looked into and he relied upon the following judgments: i) In the case of Ashish Kumo.r Vs State of tlttar Pradesht ! 1

8. A perusal of the record goes to shoq' that the Commissioner of School Education, Telangana, Hyderabad, issued notification 24 / RC- 1 I TRT / DSC I 2024, dated 29.02.2024 with certain rules. At point No. 13, under the caption Eligibility, under subheading (i) Educational eualifications; it is stated that a candidate for selection to the posts of Teachers shall fully possess the academic and professional/training qualifications as mentioned as per G.O. Ms. No. 25, School Education (Ser. III), Department, dated O5.O9.2023 as amended with G.O.Ms. (2O18) 3 SCC 55 13 No. 1, School Education (Ser.III) Department, dated 28.02.2024 and G.O.Ms.No.4, School Education (Ser.III) Department, dated

28.O2.2024. So, the eligrbility criteria shows that educational qualifications are decided basing on the G.O.Ms.No.25, G.O.Ms.No.1 and G.O.Ms.No.4. A perusai of the G.O.Ms.No.25, dated 05.O9.2023 shows that for the post of Secondary Grade Teacher, a candidate (i) Must Possess Intermediate / Senior Secondary (or its equivalent) ils recognised by the Board of Intermediate, Telangana, with at least 50% Marks (In case of SC/ST/DC/Differently abled candidates, the minimum marks shall be 451'l and Pass in 2-year Diploma ln Elementary Education / Special Education in D.Ed/4-year Bachelor in Elementary Education. OR (ii) Must Possess Intermediate / Senior Secondary (or its equivalent) AS recognised by the Board of Intermediate, Telangana, with at least 457o Marks (In case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 4Oohl in accordance with the NCTtr (Recognition Norms and Procedure) Regulations, 2OO2 (i.e those who are admitted into D.trl.Ed. up to the year 2OOZ) and pass in 2-year Diploma in Elementary Education / Special Education in D.Ed. l4-year Bachelor in Elementary Education. t4

9. As per C.O.Ms.No.1, dated 28.O2.2024, which was issued amending the' Notification issued through G.O.Ms.No.2S as under: Seconder Grade Teacher:- (i) Must Possess Intermediate / Senior Secondary (or its equivalent) as recognised by the Board of Intermediate, Telangana, with at least 507o Marks (ln case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 45o/ol and Pass in 2- year Diploma in Elementary Education/Special Education in D.Ed/4-year Bachelor in Elementary Ed ucation. OR (ii) Must possess Intermediate / Senior Secondar;r (or its equivalent) as recognised by the Board of Intermediate, Teiangana, with at least 457o Marks (ln case of SC/ST/BC/Differently abled candidates, thc minimum marks shall be 4O%l in accordance u'ith the NCTE (Recognition Norms and Procedure) Regulations, 2OO2 and Pass in 2-year Diploma in Ek:mentary Education/ Special Education in D.Ed I 4-year Bachelor in ElementarSr Education. AND Pass in Paper- 1 of Telangana State Eligibility Test (TSTET) / Andhra Pradesh Teacher Eligibility Test (APTET) / Centra-l Teacher Eligibility Test (CTET). l5

10. The above two Government Orders clarify that in case of SC/ST/DC/Differently abled candidates, the minimum marks shall be 4Oo/o. ln the notification also, the qualifications require for Secondary Grade Teacher are shown sar4e as shown in the above G.O.Ms.No.1 dated 28.O2.2024. But, for Special Education Teacher posts at Primary Level in the category of Secondar;r Grade Teacher, the following qualifications al'e required: (i) Must Possess Intermediate/ Senior Secondary (or its equivalent) as recognised by the Board of Intermediate, Telangana, with at least 5O% Marks (In case of SC/ST/BClDifferently abled candidates, the minimum marks shall be 45%) and Pass in D. Ed. Special Education or its Rehabilitation Council of India (RCI) and must be registered with Rehabiiitation Council of India (RCI) with CRR number. AND (ii) Pass in Paper- I of Telangana State Eligibility Test (TSTET) / Andhra Pradesh Teacher Eligibility Test (APTET)/Central Teacher Eligibility Test (CTET). 1 i . The authorities have cancelled the appointment and posting orders of the petitioner on the follou,ing grounds: I 16 ( i) The petitioner is having only 43.2oh of marks in ii) Intermediate instead of 45o/o of marks as he belongs to (BC-D) community. The 2.4 reason is taken by the 3.d respondent that according to RCI Lr.No.7-911RCI-2011, dated: 1\.O1.2O12, candidate must possess Diploma in Special Education (or) PG Diploma in Community based rehabilitation PGDCBR with (6) months certihcate course in CwSN is required. But, the candidate is not having diploma/ equivalent qualification in Special Education.

12. The general rule is Government Order prevails over the notilication. As per G.O.Ms.No.1, dated 28.O2.2024, rvhich 'lr'as issued amending the Notification issued thror,rgh G.O.Ms.No.25, dated 05.09.?,023, it is made clear that a canclidate must possess Intermediate / Senior Secondary (or its eqr-rivalent) AS recognised bf the Board of Intermediate, Telangana, vvith at least 457o Marks (ln case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 40'lo) in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2OO2 and Pass in 2-year Diploma 1n Elementar5r Education/ Special Education in D.Ed/4-year Bachelor in Elementar5r Education. l7

13. There is no dispute that petitioner belongs to BC-D community and he secured 43.2o/o of marks in Intermediate. The petitioner has done Post Graduate Professional Diploma in Special Education (PGPD-SEDE) in the year 2010 from Madhya Pradesh Bhoj (Open) University, Bhopal and he got first division. The petitioner also submitted e-Registration Certilicate issued by RCI (Rehabilitation Council of India) with CRR No.A2 1443. In the Government Orders, it is clearly mentioned as Secondary Grade Teachers and there is no mention of Special Education Teacher posts at Primary Level in the category of Secondary Grade Teacher. In the notilication it is mentioned that for Special Education Teacher posts at Primary Level in the category of Secondary Grade Teacher. However, the Special Education Teachers are from the Secondary Grade Teachers only. So, both the conditions mentioned in the G.O.Ms.No.1, dated 28.02.2024 are fulfilled by the petitioner.

14. Learned counsel for the petitioner brought to the notice of this Court with regard to Circular issued by the Rehabilitation Council of India addressed to Secretaqr, Department of r8 (' Education, All States, vide F.No.7-9 1/2015/RCI, dated

25.O1.2O18'.r,herein it is mentioned as follows: "The Council has receiued mang complatnts and representations from different states regarding equiualence of one yeor full time Diploma in Special Education approued from this Council utith the tuto years full time Diplomo in Special Education. In this re-ference it becomes necessary to opprise Aou that one gear Diploma in Special Education in approued stream before 201516 ua.s a regular and approued course of Rehabilitation Council of India, afier uhich the candidates were autorded registration number from this Council. 'l'he anrriotlunt of the same course has been reuised as well as the duration ertended from one Aear to tu.to gears but the signiftccmce and accreditatktn of the course is same. Howeuer, in rnang states candidates u.tho pursued one gear diploma ytrior to 2015 16 are not considered eligible to t4tplg for the 4t<tst of teachers ond they are denied on the ground that the duration of their diploma course is only one qear uthereos cctndidates uith diploma course of tu)o aars duratiort are onlg eligible. In uieu.t of such issues uhich came in the knouLLedge of the Council earlier a circular number 7-128/RCl/2016 dated 3d Nouenber, 2016 has alreadg been issued from this Council in uhich tt has been clearlg stated that one year diploma and ttuo gears diploma approued bg tlris Councit are equiualent qualifcation and eligible to become a teacher prouided the candidate possessing such diploma has ualid CRR regi-stration number of this Council." 19

15. Learned counsel for the petitioner vehemently argued that the petitioner, as stated above, had done Post Graduate Professional Diploma in Special Education (PGPD-SEDE) in the year 2OlO from Madhya Pradesh Bhoj (Open) Universit5r, Bhopal and he got first division and the petitioner was also issued e-Registration Certificate by the RCI (Rehabilitation Council of India) with CRR No.A2 1443 under the category "as a special educator (hearing impairment) and as a special educator (mental retardation). But, the 2'd objection taken by the respondents is that according to RCI Lr.No.7-91/RCI-2Oll, dated: 1l.Ol.2Ol2, candidate must possess Dipioma in Special Education (or) PG Diploma in Community based rehabilitation PGDCBR with (6) months certificate course in CwSN is required. But, the candidate is not having diploma/equivalent qualification in Special Education. Whether e-Registration Certificate issued by the RCI (Rehabilitation Council of India) with CRR No.A2 1443 under the category "as a special educator (hearing impairment) and as a special educator (mental retardation) is equivalent to PG Diploma in Community based rehabilitation PGDCBR with (6) months certi{icate course in CwSN or not. Since the 1"t objection with regard to percentage I '20 ( of ma-rks, the petitioner has fulfilled the said requirement. But, with regard to 2"d objection, the petitioner has to get clarifrcation from the RCI (Rehabilitation Council of India).

16. Learned counsel for the petitioner submitted that any part of advertisemc:nt which is contrary to the statutory rules has to give way' to the statutory prescription and he relied upon the case of Ashish Kumar (1"t supra) wherein the Hon'ble Supreme Court held as under: "27- Any part of the aduertbement uthich is contrary to the statutory rules has to giue tuag to the statutory prescription. Thus, looktrtq to the qualiftcation prescribed in the statutorA ntles, the appellant fulfils the qualiJication and afier being selected for the post denging appointment to hin is arbitrary and illegal. It is well settled that uhen there is uaiance in the aduertisement and in the statutory rules, it is the stcLtutory rules tuhich take precedence. In this context, reference ts made in the judgment of tlais Court in Malik Mozhar Sullan u. U.P. Public Seruice Commi"ssion,. Para 21 of the judgntent lags doun the aboue proposition uthich is to the follouting effect: (SCC p. 512) "21. The present controuersA has arisen as the aduertisement issued by PSC stated tlnt the candidates u.tho u-.tere, within tlle age on 1-7-2OO1 and 1-7-2002 sh<rll be treated uttthin age for the exo.minatton. Undoubtedlg, tlle excluded candidates were of eligible age as per th.e aduertisement but the recntitment to the seruice can onlg be made in accordance utith the Rules and th.e error, if arytr, in 2t tLLe aduertisement cannot ouerride the Rules and create a ight tn fauour of a candiddte if otherutise not eligible according to the Rules. The relaxation of age con be granted only if permissible under th.e Rules and, not on the basis of the aduertisement. If the interpretotion of the Rules bg PSC uhen it issued the aduertisement LUas erroneous, no ight can accrue on basi.s thereof. Therefore, tlte ansuer to the question uould turn upon the interpretation of the Rutes." In the case on hand also the Circular No.7-91/RC-Il2Oll, dated II.OI .2012 is not at all mentioned neither in the G.O.Ms.No.25, dated 05.09.2023 nor in the notification, as such, the said circular cannot be looked into. 17 . Per contra, learned counsel lor the respondents submits that furnishing of wrong particular in application for appointment is a valid ground to cancel the appointment of the petitioner and he relied upon the judgment of the Hon'ble Supreme Court in Manoj Kumar Vs. Gouernment of NCT of Delhi and others2 wherein the Hon'ble Supreme Court held as follows: "8- There is no doubt that if ang candidate furni.s|rcs false or incomplete infonnation or u;ithholds or conceals ang mateial information in his application, he will be debated from secuing emploAment. /t is also true thot euen if such '(zoro)tt scc zoz 22 6' an opplicent [s atreadg appointed, his serurces are liable to be terminated for furnishing false information." In the case on hand, the petitioner with al1 eligible qualifications applied to the post of Secondary Grade Teacher Special Education, pursuant to the DSC Notihcation 24/RC- \/TRT|DSC|2O24 dated 29.02.2024 of School Education, Telangana, Hvderabad, issued by the 2"d respondent and after applying the above said post, the 2"a respondent issued Hall Ticket bearingNo.244673150433 and examination was held on 2O.O7.2O24 and he secured 67.60 marrks and got 2.a rank under BC-D category. Fursuant to the same, the petitioner was called for certificate verification on 06.1O.2024, after physical verification of the certihcates, the petitioner was issued appointment orders vide proceedings Rc.No.5923l ASl2024, dated l5-1O-2O24 issued by the 3.d respondent. From February 2024 to October 2024, tlre respondents had lot ol time to question the petitioner with regard to Circular No.7- 9l/RC-Il2O1 1, dated 11.01.2012, but they have not done so by way of issuance of notice and straight away his services were terminated r,r'ithout any notice which attracts the principles of 23 natural justice, as such, this Writ Petition is liable to be allowed.

18. Accordingly, this Writ Petition is allowed by setting aside the proceedings 1lt Rc.No.5923/A5 I 2024, dated 1 1.11.2024 issued by the 3.d respondent and the respondents are directed to permit the petitioner to continue his services as a Secondary Grade Teacher Special Education (Telugu) at MPPS Narmilikonda, Kodimial Mandal, Jagtia,l District. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shali stand closed I To I //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR I secretafl at tsuitdings. Hyderabad-500 022. secrrpl,(orflcen 1 I!: lrllq,pal Secretary. School. Eduqa-lron Department, State of fetangana 2. The Commissioner, and Director of School Education, Saifabad, Hyderabad. 3. The District Educational Officer, and Member Secretary, Jagtial District. 4. The Member Secretary, Rehabilitation Council of lndia, New Delhi. 5. One CC to SRI C. RAJA SEKHAR REDDY, Advocate IOPUC] 6. Two CCs to GP for Services-|, High Court for the State of Telangana at Hyderabad [OUT]

7. One CC to SRt B. JITHENDER, S.C. for Centrat Government [OpUC] 8. Two CD Copies IVIP BS *P- HIGH COURT DATED:01 10512025 "€\-. 'i € LAr .s S H 4v 7uY c^ l,r \...,i * i a' ORDER WP.No.32076 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS