Ramesh Chandra and 2 others Vs State of Telangana and 2 others

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

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TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 12995 OF 2019

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Between:

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Ramesh Chandra, S/o. Narsimhulu Goud, Age- 37 years, Occ. Junior Panchayat Secretary, No 18-1-297h6, Shivajinagar, Uppuguda, Hyderabad^- 500053, H.T.No.1 21 8050541.

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Pasoragonda Ranjitha, D/o Rajender, Age.24 years, Occ. Unemployed, R/o 1-58/'1, Deshrajpally village, Kamalapur Mandal, Warangal Urban District, H.T.No.1218019634.

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Mudavath Asha, D/o M. Ramulu, R/o 10-14, Rayalgandi, Padara, Amrabad, Mahabubnagar^- 509201 , H.T.No.1218054796.

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.....PETITIONERS

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AND

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State of Telangana, Rep. through Principal Secretary, Department of Planning Secretariat, Hyderabad.

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Telangana State Public Service Commission, Rep. by its Secretary,^Prathibha Bhavan Nampally, Hyderabad-500103.

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Directorate of Economics and Statistics, Rep by its Director, Ganaanka Bhavan, Government of Telangana, Khairatabad, Hyderabad - 500^004.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia^praying that in^the circunstances stated in the affidavit filed therewith, tEte High Court^{may be} pleased to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the impugned Memo No.539/Rectt.Pool.ll/3/20'18 dated 31.12.2018 and consequential impugned action of the^Respondents in^not considering the Petitioners who are B.Tech^(Computer Science)^{graduatesfor the} post of Mandal Planning and Statistical Officer / Assistant Statistical Officer under Notification No.1212018 dated 02.06.2018 on the^ground of^{not havingstudied}

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minimum one year of Statistics, contrary to the qualificatior I prescribed under G.O.tt/s.No.3 dated 01.03.2012 and Notification as illegal, vithout jurisdiction, vioalative of Articles 14,^'16 and 21 of Constitution of lndia iu d consequently set aside the same and direct the Respondents to consider the P3 itioners for the post of Mandal Planning and Statistical Officer / Assistant Sta.i ;tical Officer under Notification No.1212018 dated 02.06.2018 as per their merit a td eligibility with all consequential benefits.

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l.A.NO:1 OF 2019

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Pelition Under Section 151 CPC praying that in the cir: rmstances stated in the affidavit filed in support of the petition, the High Court ma / re pleased to direct the Respondents to consider the Petitioner for the post of I,/ rndal Planning and Statistical Officer / Assistant Statistical Officer under Notificat c 1 No.1212018 dated 02 06-2018 without reference to the impugned No.s3g/Recfl.^{,ool.ll/3/2018} dated 31.12.2018.

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l-A.NO:2 OF 2019

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Petition Under Section'151 CPC praying that in the circ lmstances stated in the affidavit filed in support of the petition, the High Court ma,r re pleased to Direct The Respondents to Keep three Posts of Mandal Planning a I I Statistical Officer / Assistant Statistical vacant under Notification No. 12 / 2018 da ed OZt06t2O18.

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|.A.NO:3 OF 2019

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Between

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Telangana State Public Service Commission, Rep. by its Secr€t rry, prathibha Bhavan Nampally, Hyderabad-500103.

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....PETITIONE:I Y2.d RESPONOENT IH rV.P.NO.12995/2019

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AND

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1 Ramesh Chandra, S/o. Narsimhulu Goud, Age. 17 years, Occ. Junior Panchayat _Secretary, Rl/o 1A-1-297116,^{-shiva.riagar,} Uppuguda, Hyderabad - 500053, H.T.No 1218050541.

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Pasoragonda Ranjitha, D/o Rajender, Age.24 years, Occ. Unemployed, Rl/o 1-58/ l , Deshrajpally village, Kamalapur Mandal, Warangal Urban Diskict, H.T.No. 1 21 801 9634.

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Mudavath Asha, D/o M. Ramulu, R/o 10-14, Rayalgandi, Padara, Amrabad, Mahabubnagar - 509201, H.T.No.1218054796.

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..... RESPON DENTS/PETITIONERS

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tN w.P.NO.12995/2019

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Slate of Telangana, Rep- through Principal Secretary, Department of Planning Secretariat, Hyderabad.

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Directorate of Economics and Statistics, Rep by its Director, Ganaanka Bhavan, Government of Telangana, Khairatabad, Hyderabad - 50O 004

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.....RESPONDENTS/RESPONOENTS

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tN w.P.NO.12995/2019

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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 vacate the interim orders dated 27 -06-2019 in l.A.No.1 of 2019 in W.P.No.12995 of 2019.

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Counsel for the Petitioner : SRI ALLIKA SURESH FOR S.RAHUL REDDY

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Counsel forthe Respondent Nos.1 & 3: GP FOR FINANCE AND PLANNING Counsel forthe Respondent No.2: SRI D.BALAKISHAN RAO, SC FORTSPSC The'Court made the following ORDER

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w

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IN THE HIGH COURT FOR THE STATE^{OF TELT NGANAAT} HYDERABAD

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HON'BLE MRS. JUSTICE SUREPALLI^{Nrl NDA}

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WRIT PETITION No.1299 s oF 201^I

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Between

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Ramesh Chandra & 2 others

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...Petitioners

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AND

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The State oF Telangana rep. through Principal Secretary Department of Planning Secretariat, Hyderabad & 2 others.

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Respondents

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ORDER:

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Heard Sri Allika Suresh, learned coun!;' :l appearing on behalf of the petitioners, learned^{Assistan':Government} Pteader for Finance and Ptanning, appearing on behalf^of respondent Nos.1 and 3 and Sri D.^{Balil <ishan Rao/} learned Standing Counsel for TSPSC, appeari rg on^behalf of respondent No.2.

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2. The oetiti oners filed the writ Detition s ekin he

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followin relief

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".. to issue a Writ, Order or Direction particula l/ one in the nature of Writ of Mandamus declaring the ir rpugned

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2

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*o-,rrr-tfii

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Memo No.539/Rectt.pool.IIl3/2018 dated 31.12.2018 and consequential impugned action of the Respondents in not considering the Petitioners who are B.Tech (Computer Science) graduates for the post of Mandal^planning and Statistical Officer / Assistant Statistical Officer under Notification No.1212018 dated 02.06.2018 on the ground of not having studied minimum one year of Statistics, contrary to the qualifications prescribed under G.O.lv1s.No.3 dated 01.03.2012 and Notification as illegal, without jurisdiction, vioalative of Articles 14, t6 and 2t of Constitution of India and consequently set aside the same and direct the Respondents to consider the Petitroners for the post of Mandal Planning and Statistical Officer / Assistant Statistical Officer under Notification No.1212018 dated 02.06.2018 as per their merit and eligibility with all consequential benefits and pas...".

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This Court Dassed interim order in I.A. No. 1 of 2019 in W.P. N o.12995 of 2Ol9 in favour of the Detitioner on

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27.06.2019 observino aS under:

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" Notice before admission.

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Post after fou r weeks.

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The respondents are directed to consider the case of the petitioner for selection to the post of Mandal^planning and Statistical Officer/.Assistant Statastical Officer without reference to the Memo dated 31.12.201g issued by the Telangana State Public Service Commission and strictly in terms of G.O. Ms.No.3, dated 01.03.2012".

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SN. J uP r299t 20t9

4, The learned counsel appearing on behalf of Ie petitioners places on record the Writ Appeal Nos.402, 6Ll,62l and 670 of 2019 preferred by the respondents herein and corcends that in view of the withdrawal of the said Writ- App eals by the respondents herein vlde and the order dated 17.) 2021 passed in Writ Appeal Nos.402, 6ll,620 and 670 of 20 ',, the interim order granted in favour of the petitioner vide tlr order dated 27.06.2019 (referred to and extracted above), ha: become final and hence the writ petition may be disposed of i. terms of the said interim order dated 27.06.2OL9 passed in avour of the petitioners in the present writ petition.

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Sri D. Balakishan Rao, learned Standin I Counsel for TSPSC, appearing on behalf of respondent No.2 d: )s not dispute the submission made by the learned counsel appei lng on behalf of the petitioners.

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The present writ petition is disposed of irr terms of the interim order dated 27.06.2019 passed in W.t. No.12995 of 2019. However, there shall be no order as to cost:

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SN, J wP_r2995 2019

The miscellaneous applications, pending if any, shall stand

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closed.

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//TRUE COPY//