Disposed

Annabattula Venkateswarlu v. The State of Telangana

Telangana HC23 Feb 2023WP/5260/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the selection of an Anganwadi Teacher, the petitioner claimed higher merits due to a clerical error. The Court directed the District Collector to verify the 10th-class marks of both candidates and issue the appointment order to the holder of higher marks within four weeks, disposing of the writ petition accordingly.

What did the court decide?

Directed the District Collector to verify marks of both candidates and issue appointment to the highest scorer within four weeks.

Annabattula Venkateswarlu Vs The State of… — Labour and Industrial Disputes | Telangana HC (2023)

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[³³⁰⁴ ]

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

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THURSDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO:52 60 0F 2018

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Between:

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9mt.^{Marerao Mamata,W/o} Juvve Utham, Aged about 22 years, Occ. Unemptoyee, R/o H No.4-3, [,taresa# ViiiailE"'xrO"o rr,li"irii'"i,rii,iJi District. Telangana State.

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AND

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...PET|T|ONER

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1 . The State Of Telanoana, Rep. by. its Secretary, Women Development and chitd wetfare Departi.neni, seaieijriaiauiijin'gl,,Hyjerauao.

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The District coflector/chairman (DLSC), Nirmar District. Terangana State.

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The District werfare officer, women, chirdren Disabred and senior citizens Department, Telangana State.

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The Revenue Divisional Officer, Bhainsa, Nirmal District, Telangana State.

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The Proiect Officer. tn-tegrated Child Development Senior project (ICDS) Bhainsa,' ( New) Nirmat Disiriii. iet""gira SEig"'""'

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Thimmapolla Srithi, Wo Sunil, Aged about 23 years, Occ. Vidya Volunteer. R/o Maresaon Virage, Kubeer ivragoir, Nirm-ar Diitri'dt.'rIaib"ir:i3tJ[]"'"'"

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The Commissioner and Director, Board of Secondary Education, Telangana State, Office ar chapet Road, Naripatf,-nyOeriUiJ*'

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(R7 is impteaded as per C.O dt. 19/09/20 23 in tAO1l2O23l

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...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order, direction more particurarry one in lhe nature of writ of Mandamus decraring the action of the respondent authorities in serecting the Respondent No.6 as Anganwadi reacher of Maregaon ,, Kubeer Mandal, Bhainsa Project, Nirmal District, by setting aside the selection proceedings issued by the Respondent authorities dt.2441-201g as far as the Respondent No.6 is concerned

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and consequently direct the Respondent authorities to consider the petitioner as Anganwadi Teacher of lr,lalegaon ll, Kubeer [t/andal, Bhainsa Project, Nirmal District.

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lA NO: 1 OF 2018

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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 Courl may be pleased to stay all further^proceedings in^pursuance of the selection^proceedings d1.24-01-2018 issued by the Respondent authorities as far as the Respondent No.6 is concerned as Anganwadi Teacher of lvlalegaon Il, Kubeer Mandal, Bhainsa Project, Nirmal District is concerned.

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lA NO: 2 OF 2018

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Between:

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The State Of Telangana, Rep. by its Secretary, Women Development and Child Welfare Department, Secretariat Buildings, Hyderabad.

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The District Collector/Chairman (DLSC), Nirmal District. Telangana State.

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The District Welfare Officer, Women, Children Disabled and Senior Citizens Department, Telangana State.

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The Revenue Drvisronal Officer, Bhainsa, Nirmal District Telangana State.

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The Project Officer, lntegrated Child Development Senior Project^(ICDS) Bhainsa, (New) Nirmal District. Telangana State.

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...PETITIONERS/RESPONDENT Nos.1 to 5 in W.P

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AND

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1 Smt. Marerao Mamata, W/o Juwe Utham, Aged aboul 22 years, Occ. Unemployee, Ryo H.No.4-3, Malegaon Village, Kubeer Mandal, Nirmal District. Telangana State.

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...RESPONDENTSM,RIT PETITIONERS

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2 Thimmapolla Srithi, Wo Sunil, Aged about 23 years, Occ. Vidya Volunteer, FJo [\rlalegaon Village, Kubeer tVagdal, Nirmal District. Telangana State.

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3 The Commissioner and Director, Board of Secondary Education, Telangana State, Office at chapel Road, Nampally, Hyderabad

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R3 (R7 in WP^{5260 of 2018) is impleaded as per C'O dt' '19/09/2023in lA} 01120231

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...RESPON^{DENTS/RESPONDENT} No.s in W.P

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Petition under^{Section 15,1 CPC prayingthat in the circumstancesStated in} the affidavit filed^{in supportof the petition,the HighCourt maybe pleased to} vacate the^{interim order grantedon 05.03 2018 inl A No l of 2018 in} W.P-No.5260 of 2018^{and dismissthe Writ petitionas there are no merits in it'}

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lA NO: 1 OF 2022

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Between:

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Thimmaoolla Srithi. W/o Sunil,^{Aged about23 years,Occ'Vidya} .Volunteer' R6 M;T5s;;^^{ViiiJle,kutee' Maldal,NirmalDiitrict Telansana state'}

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...PETITIONEFY6th^RESPONDENT

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AND

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1 Smt. Marerao^{Mamata,W/o JuvveUtham,Aged} -^{aboul 22 years'..Occ-} Uiili,i6v"",^- nvo^{r{.r.rb.+-s, MalegaonVillage-,Kubeer lvlandal'Nirmal} District. Telangana^State.

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...RESPONDENT/PETITIONER

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2 The State Of Telangana,^{Rep. by its-secretary,} .^{Women Developmentand} Cnilu-WErrai"^{Depart"ment,Sebretiriat Buildings, Hyderabad'}

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J The District Collector/Chairman^{(DLSC), Nirmal District' Telangana State'}

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4 TheDistrictWelfareOfficer,Women,ChildrenDisabledandSeniorCitizens Department,^{Telangana State}

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5 TheRevenueDivisionalOfficer,Bhainsa,NirmalDistrict,TelanganaState' 6 The Proiect Officer,^{lntegrated ChildDevelopmentSenior Project(ICDS)} Bhiinsa,'1New)^{Nirmal Dis]rict. Telangana State.}

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7 The commissioner^{and Director, Boardof secondaryEducation, Telangana} Sia1e, Office^{at chapel Road, Nampally, Hyderabad}

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(R7 is impleaded as^{perC.O dt. 19/09/2023in lA 01120231}

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...RESPONDENTS/RESPONDENTS

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PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed^{in support of the petition, the High Court may be pleasedto} vacate the interim^{orders passed in l.A.No.1 of 2018 in W'P No' 5260 of 2018'} dated: 05/03/2018^{anddismissthe writ petition, in the interest of justice'}

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Counsel for the Petitioner: SRI C.RAMACHANDRA REDDY

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Counsel for the Responaent Nos.t to 5 & 7: GP FOR SERVICES-I

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Counsel for the Respondent No.6: SRI PALLE NAGESWAR RAO

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The Court made the following: ORDER

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THE HON'BLE^{SRI JUSTICE NAMAVARAPU RAJFSHWARRAO}

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WRIT PETIT^{ION No.526() 0F 2018}

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ORDER:

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This writ petition^{is hled by the petitioner seeking the} following relief:

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"to issue writ^{or order more particularly one in the} nature of^{wfit of Mandamus by declaringthe action of} the respondent^{authoritiesin selectingthe Respondent} No.6 as Anganwadi^{Teacherof Malegaon I"Kubeer} Mandal, Bhainsa^{Project,Nirmal District' by setting} aside the^{selection proceedings issued bythe} respondent^{authoritiesdated 24'O1l'2O18as far as the} respondent^{No.6 is concernedand consequentlydirect} the respondent^{authoritiesto consider the petitioner as} Anganwadi^{Teacher of MalegaonII' KubeerManda-l'} Bhainsa^{Project, Nirmal District and pass such other} order or orders".

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The main^{crux of the case is that the District SocialWelfare} Ofhcer, Women,^{Children,DifferentlyAbled and SeniorCitizens} Department,^{NirmalDistrictissueda notification videNotifrcation} No.C I l 48-l l2O^{17 calling for online applications from the eligible} local married^{woman for filling up the available vacancies of} Anganwadi^{Teachers, AnganwadiAyas and Mini Anganwadi} TeachersunderICDSProject,Nirmal,Khanapur'Mudholand Bhainsa.^{Inthe above said notification' itis stated that the} . Based on^this candidate^{must have passedthelOth class}

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RRN.J wP. No 5260 dt20lE

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quaiification, the petitioner and unofficial respondent liled applications for the above said post. Consequently, the unofficial respondent was selected on the basis of merit, which being challenged by the petitioner in the present writ petition.

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Heard Sri C.Ramachandra Reddy, learned counsel for the petitioner.

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The learned counsel for the petitioner contended that the marks of the petitioner is higher than that of the unoffrcial respondent. The ambiguity in the selection process arose since the petitioner was subjected to a grading system wherein the petitioner secured a GPA (Grade Point Average) of 8.8 in S.S C., with 53 grade points. Admittedly, the petitioner, while filing the online application, mistakenly mentioned her marks/GPA as 5.3 instead of 8.8., due to oversight and considering the grade: points of 53 as mentioned in her S.S.C Certihcate. He further contended that the petitioner, upon noticing that the petitoner's name was missing from the selection list, perused the record and realised her mistake. Accordingly, she made a representation to responclent No.2 on 30.O1.2O18 and also to respondent Nos.4 to 6 on 31.O1.2018. She again submitted a representation to respondent No.2 on 08.O2.2Ola for her grievance, which was overlooked by the: respondent authorities.

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RRN-] WP. No 5260 of20l8

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The learned counsel for the unofficial respondent contended that the unoflicial respondent secured 523l600 marks in her S.S.C. and was rightly placed in the selection list.

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Now the question is, as to who got the higher marks in the 106 class, amongst the petitioner and the unofhcial respondent? On what basis did the unoffrcial respondent get the highest marks than the petitioner?

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Initially, this Court, on O5.03.2O18, granted an interim suspension of the appointment of respondent No.6 as Anganwadi Teacher of Malegaon II, Kubeer Mandal, Bhainsa Project, Nirmal District. Thereafter, the learned counsel for the unofhcial respondent filed a vacate stay petition vide I.A.No.2 of 2018 with a prayer to vacate the interim order granted on 05.03.2018 in I.A.No. I of 2018 in tJre present writ petition.

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By perusing the record and submissions made by both the counsel, writ petition is disposed of by directing the 2"4 respondent/The District Coilector/Chairman (DLSC), Nrimal District, Telangana State to peruse the marks secured by both the petitioner and unoflicial respondent in the loth class, determine the candidate with the higher marks, and accordingly issue the appointment order to highest marks holder as per the notification

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RRN.J wP. No 5260 ol20l8

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within a period of four (O4) weeks from the date oi receipt of a copy

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of this order. There shall be no order as to costs.

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Miscellaneous petitions, if any pending, shalI stand closed.

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{

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To,

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SD/-K. SREERAMA MURTHY ASSISTANT REG'STRAR //TRUE COPY// 0/ SECTION-OFFICER

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The Secretary,.. Women Development _and Child Welfare Department, Secretariat Buildings, Hyderabad, State Of Telangana.

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The District Collector/Chairman (DLSC), Nirmal District. Telangana State.

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The District Welfare Officer, Women, Children Disabled and Senior Citizens Department, Telangana State.

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The Revenue Divisional Officer, Bhainsa, Nirmal District Telangana State.

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The Projg.ct Officer, Integrated Child Development Senior project (ICDS) Bhainsa, (New) Nirmal District. Telangana Statd.

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The Commissioner and Director, Board. of .secondary Education, Telangana State, Office at chapel Road, Nampally, Hyderabad

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One CC to SRI C.RAMACHANDRA REDDY, Advocare [OPUC]

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One CC to SRI PALLE NAGESWAR RAO, Advocate [OpUC]

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Two CCs to GP FOR SERVICES-|, High Court for the state of Tetangana at Hyderabad [OUT]

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10.Two CD Copies

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HIGH COURT

DATED: 0211112023

ORDER

WP.No.5260 of 2018

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

Annabattula Venkateswarlu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Annabattula Venkateswarlu v. The State of Telangana

Case brief

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