Allowed

Palla Nishanth v. The State of Telangana

Telangana HC8 Nov 2023WP/27533/2023

Case brief

AI extract

What is this about?

The High Court directed the Telangana State Public Service Commission to treat the petitioner as a local (BC-B) candidate for the post of Assistant Executive Engineer, as he acquired minimum educational qualification in the State of Telangana, relying on a prior judgment.

What did the court decide?

The petitioner is to be treated as a local candidate (BC-B) of Telangana area for the post of AEE.

Palla Nishanth Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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[321e ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY HE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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WRIT PETITION NO: 27533 OF 2023

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Between:

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Palla Nishanth, S/o.Palla Venkateswar Rao, Age.23 years, Occ.Unemployed, Rl/o.H.No.4-28, Near Ankamma Temple, Dorakunta, Kodad Mandal, Suryapet District50S 206.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, General Administration Department, Secretariat Buildings, Saifabad, Hyderabad

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2 The Telangana State Public Service Commission, Rep.by its Secretary, Prathibha Bhavan, Nampally Station Road, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 2nd respondent in treating the petitioner as a non local (open) candidate for the post of AEE for the purpose of recruiting him to the post of AEE on the ground that he has studied from Class 1 to 7 in the erstwhile State of Andhra Pradesh as illegal, not in accordance with G.O.Ms.No.124, General Administration (SPF-MC) Department, dt.30.08.2018 and also violative of Article 16 of the Constitution of lndia and to issue a consequential direction to the 2nd respondent to treat the petitioner as local (BCB) candidate and to consider for appointment to the post of AEE.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to treat the petitioner as a local (BC-B) candidate for the post of AEE in pursuance to the employment Notificalion No.1212022, dt.o3.09.2022.

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Counsel for the Petitioner: SRMDULA CHITRALEKHA

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Counsel for the Respondent No.1 ; GP FOR SERVICES lll

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Counsel forthe Respondent No.2 : SRI M.RAM GOPAL RAO, SC FOR TSPSC The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

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W.P.No. 27533 of 2O23

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ORDER:

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In this Writ Petition, the petitioner is seeking a writ of maldamus to declare the action of the respondent No.2 in treating the petitioner as a non-local open candidate for the post of Assistant Executive Engineers (AEE) during the recruitment process pursuant to the notification No.l2 /2022 ,dated O3.O9.2O22, as illega1, arbitrary artd to issue consequential direction to the respondent No.2 to treat the petitioner as local cardidate (BC-B) of Telangana State and to consider him for appointment to the post of AEE and to pass such other order or orders in the interest ofjustice.

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Brief facts leading to the filing of the present writ petition are that the petitioner has studied from Class 1 to 6 at Vignan High School, Jaggaiahpet, Krishna District in the erstwhile combined State of Andhra Pradesh and thereafter, he studied Class 7 to 10 in Sri Chaitanya High School, Kodad, Suryapet District ald also the Engineering course in the State of Telangana. It is submitted that the respondents have issued notification for recruitment to the post of AEE, however, on the ground that the petitioner has studied Class 1 to 6 in the Andhra

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)

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PMD,I ty.P.No.27t3J of202)

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area, the petitioner was being treated as a non-local open candidate without considering that he is a local candidate of Telangana as the period and place of study prior to acquiring of the minimum qualification is to be taken into consideration.

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Learned counsel for the petitioner submitted that

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G.O.Ms.No. 124, dated 30.08.2018, prescribes the criteria for consideration of local candidate and this Court in W.P.No.28495 of 2022 has considered similar issue and has held that Clause (a) in Rule-7(1) of G.O.Ms.No.124, is applicable where the candidate possesses a minimum educational qualification as prescribed for recruitment to the posts. He submitted that the said order has been challenged by the State Government in W.A.No.778 of 2022 and in the said case, the candidate therein had not qualified in the written examination. However, the question of sustainability of the stand of tJee respondents for considering only the area in which the caldidates have studied class 1 to 7 as the relevant criteria was left open. He submitted that subsequently, in W.P.No. 19038 of 2023, dated 20.09.2023, this Court has taken note of both the Writ Petition and Writ Appeal i.e., W.P.No.28495 of 2022 arid W.A.No.778 of 2022 and had directed the respondents to consider the candidature of the petitioner therein as a local caldidate of the area in which the petitioner therein

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PMD.J V.P.No. z7tJl ol2(t2l

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has acquired minimum prescribed qualification. Learned counsel for the petitioner, therefore prayed that similar direction may be given in the case of the petitioner also.

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4, Learned Government Pleader for Services-Ill and Mr.Ramgopal Rao, Learned Standing Counsel, appearing for the respondents, however, relied upon the Clause (b) in Rule-7(1) of G.O.Ms.No. 124 thereon and submitted that the said ciause is applicable in this case.

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Having regard to the rival contentions and the material on record, this Court finds that the issue has already been considered by this Court in W.P.No.28495 of 2022 and W.P.No.19O38 of 2023.In view thereof, this Court deems it fit and proper to direct the respondents to consider the petitioner as a local candidate of Telangana area in view of his acquiring minimum educational qualihcation in the State of Telangana area and thereafter, if he is found to be eligible as per his merit to the post of AEE, then consider his case for appointment in accordalce with his entitlement.

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The oflice is directed to append the copies of the order dated 20.O9.2023 in W.P.No.19O3a of 2023 and a-lso order

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PtID,J u-f.\o.,75lloJ21121

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dated 20.10.2O22 in W.P.No.28495 of 2022 to this Writ petition for ready reference.

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The writ petition is accordingly disposed of. There

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shall be no order as to costs.

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Miscellaneous applications, if any pending, shall also

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stand closed.

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SD/' P.Ch. NP.GABHUSHAMBA ASSISTANT REGISTRAR

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//TRUE COPY//

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SI]CTIO FFICER

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To, 1. The Principal Secretary, General Administration Department, Secretariat Buildings, Saifabad, State of Telangana, Hyderabad. 2. The Secretary, Telangana State Public Service Commission, Prathibha Bhavan, Nampally Station Road, Hyderabad.

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