The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate Writ, Order of direction, p;pferably one in the nature of writ of Mandamus and to declare the action of the respondents without following the Para Vlll(1) for procedure of selection of the Notification No.s6/2017 dated 21 .10.20'1 7 of the 2nd respondent and denying the case of the petitioner for appointment to the post of Physical Education Teacher in (Telugu Medium) in women category in Hyderabad District is highly iilegal, arbitrary, unreasonable, discriminatory and also in violation of Art. 14, 16 and 21 of the constitutioir of lndia and declare the same as bad-in-law and consequenfly direct the respondents to consider the case of the petitioner for appointment to the post of Physical Education Teacher in (Telugu Medium) under Women category by relaxing the minimum qualifying marks as per the above said Notification dated 21.10.2017 of the 2nd respondent i I q t a t l' , t I i s t t I s lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the cir<;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for appointment to the post of Physical Education Teacher in (Telugu ttledium) under Women category by relaxing the minimum qualifying marks as per the Para Vlll(1) for procedure of selection of the Notification No.56/2017 dated 21.10.2017 of the 2nd respondent pending disposal of the above writ petition Counsel for the Petitioner: SRl. C. RAJA SEKHAR REDDY Counsel for the Respondent No.1: Smt. B. ANNAPURNA, counsel for the Respondent No.2: sRl D. BALAKISHAN RAo, sc FoR TSPSC AGP FOR SERVICES I The Court made the following: ORDER f t t + t * f t t i + + f f (. + { THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.3O419 of 2018 ORDER: Petitioner apptied for the post of Physical Education Teacher (Telugu Medium) under the ST (women) category in Hyderabad District pursuant to Notification No.56 of 2017, dated 2L.tO.2Ol7. She appeared for the written examination held on 28.02.2018 and secured 25 marks. There were two vacancies for ST (Women) candidates in Hyderabad District, but both candidates, including petitioner, failed to meet the minimum qualifying mark of 30% (i.e., 45 marks out of 150). Petitioner contends that as per Para VI[I(l) of the notification, the minimum qualifying marks for SC/ST/BC candidates are relaxable at the discretion of the Commission. It is stated that since no candidate qualified under the ST (Women) category in Hyderabad District, and vacancies remain unfilled, the : Commission ought to have exercised its discretion to relax the cut-off marks. She submitted a representation on 20.08 -2018 seeking such ,"ra}trorr. Hence, this writ petition is filed by petitioner seeking relaxation of the qualifying marks and consideration for appointment to the post of Physical Education Teacher under ST (Women) category in Hyderabad District. \& # .t t 2 NBK,J W.P. No.30419 of 2018 2- Heard Mr c.Raja Shekar Reddy, rearned counsel for petitioner and Smt B.Annapurna, learned Assistant Government -)t, - \i Pleader for Services-I for respondent No.1. perused the record. 3 Learned counsel for respondent No.2 filed counter affidavit an ST (Woman) candidate from stating that petitioner, Hyderabad District, seeks relaxation of minimum qualifying marks for appointment. As per the Notification, minimum qualifying marks for ocs - 4oo/o, BCs - 3so/oand SCs/srs/pHs - 3oo/o. These are relaxable only at the discretion of the commission, which is not mandatory. The commission has not exercised such relaxation, as doing so individually wotrld undermine the merit-based selection process in a competitive examination. Petitioner secured 24.615 marks, r,r.hich is below the required 30%, and hence rvas not qualified. It is stated that no candidate can claim relaxation as a right, and doing so would affect educational standards. Therefore, the r,r,rit petition is devoid of merits and the s€une is liable to be dismissed.

4. Upon pertrsal of the records and after heetring learnecl counsel for both the parties, this court notes tirat petitioner, belonging to the sr (women) category, appeared for the saicr / {- tfll,,,- -' t.:,1 r1 3 NBK,J W.P. No.3O419 of 2018 recruitment but failed to secure the minimum qualifying marks of 30(J/0 prescribed under the Notification. It is also noted that the minimum qualifying marks can be relaxed by the Commission, as mentioned in the Notification- However, this relaxation is not an automatic right for the candidate' The commission must use this power carefully to keep the selection process fair and maintain its standards. The pespondents have justified their decision not to relax the qualifying marks in the petitioner's favor on valid grounds, including the imperative to uphold merit and ensure quality in the teaching profession' In view of the foregoing, this Court finds no infirmity or illegality in the action of the respondents and holds that petitioner is not entitled to anY relief.

5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. / SD/.M. OSMAN ALI BAIG REGISTRAR //TRUE COPY// ECTION OFFICER \ To,

1. One CC to SRl. C. RAJA SEKHAR REDDY, Advocate [OPUC] 2. Two CCs to GP FOR SCHOOL EDUCATION ,High Court for the State of 3. one Cc to SRl.- D. BALAKISHAN RAo, sc FoR TSPSCIOPUCI Telangana at Hyderabad [OUT] nt 4, Two CD Copies WBM.{I BS ? * + * I i| I HIGH COURT DATED:0310712025 ORDER WP.No.3O419 of 2018 o .- t..il.. 02rriil6 + 'r:r-,rtri?-9 * f DISMISSING THE WRIT PETITION WITHOUT COSTS r t ) + t i a a i I t t