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2021 DIGILAW 103 (TS)

G. Madhusudhan Rao S/o Kishan Rao v. State of Telangana

2021-04-07

P.NAVEEN RAO

body2021
ORDER : 1. Heard learned counsel for petitioner and the learned Additional Advocate General for Telangana State Public Service Commission, for Social Welfare Department and the Residential Societies. 2. The Telangana State Public Service Commission issued Notification No. 29 of 2017 on 2.6.2017 calling for applications for recruitment to the post of Principal (School) in the schools run by the Residential Educational Institutions Societies, Social Welfare, Backward Classes Welfare, Minorities Welfare and Tribal Welfare. Petitioner responded to this notification and participated in the recruitment process. Petitioner is not subjected to further selection process on the ground that he does not have administrative experience prescribed in paragraph-4 of the recruitment notification. 3. According to averments in the affidavit filed in support of the writ petition, petitioner obtained B.Sc. degree in the year 1999 and B.Ed. with methodology in Mathematics and Physics in the year 2007. He worked as Mathematics Teacher in Government recognized high schools from June, 2007 to April, 2010 and from June, 2010 to April, 2014. He obtained M.Sc. (Mathematics) degree through distance education mode in the year 2014 and worked as Principal of Government recognized Junior College from June, 2014 to 28.03.2018. Petitioner thus claimed that he has total teaching experience of more than seven years and administrative experience of more than three years. Petitioner name was included in the list of disqualified candidates on the ground that he lacks teaching experience after acquiring Post Graduation in 2014. Petitioner and others filed batch of writ petitions. Disqualifying list published by the Public Service Commission was set aside and matters were remanded to the Public Service Commission to examine each individual case and to pass individual speaking orders. In pursuant to the directions of the Hon’ble Court, orders were passed on 22.07.2019 rejecting the candidature of the petitioner. The rejection is on the ground that after acquiring Post Graduation petitioner did not have required teaching experience and teaching experience gained prior to the Post Graduation cannot be counted. The claim for administrative experience is also rejected on the ground that administrative experience as Vice-Principal and academic administrator cannot be considered. 4. According to the learned counsel for petitioner, rejection of candidature of petitioner on both grounds is ex-facie illegal and clearly points out to total non-application of mind. According to the learned counsel, the teaching experience gained by the petitioner from the year 2007 cannot be ignored. 4. According to the learned counsel for petitioner, rejection of candidature of petitioner on both grounds is ex-facie illegal and clearly points out to total non-application of mind. According to the learned counsel, the teaching experience gained by the petitioner from the year 2007 cannot be ignored. Further, the petitioner gained administrative experience while working as Principal, whereas his administrative experience is rejected erroneously by holding that he has worked as Vice-Principal. Learned counsel placed reliance on the administrative experience certificates issued by the College placed as Ex.P5 and at Page No. 31. 5. The claim of the petitioner that he worked as Principal is not correct. According to the certificate at Ex.P5, the status of the petitioner was described as “Academic Administrator as Principal” and the certificate was issued by the Principal of Nagarjuna (Vocational) Junior College, Gajwel. The certificate at Page-31 was issued by the Principal, TPG High School, Alirajpet, showing the administrative experience as “Academic Administrator as Vice-Principal.” Petitioner has not explained how he has claimed to have worked as Principal when the certificate was issued by another Principal. The certificate described the status of “Academic Administrator as Principal” but petitioner has not explained as to how the post called academic administrator as Principal existed in addition to a post of Principal, and in that post petitioner gained administrative experience. The earlier academic administrator experience claimed by the petitioner from June, 2010 to April, 2014 was in the capacity as Vice-Principal. 6. Paragraph-4 of the recruitment notification specifies Educational Qualifications and Experience required to secure eligibility. The table appended to paragraph 4 reads as under: “(4) Educational Qualifications: Applicants must possess the qualifications from a recognized University as detailed below or equivalent thereto and experience as specified in the relevant Bye Laws/Service Regulations indented by the Residential Educational Institutions Societies as on the Date of Notification: Post Code Name of the Post Educational Qualifications and Experience 1. Principal (School) in Telangana Residential Educational Institutions Society. (A) Academic Qualifications: 2. Principal (School) in Telangana Social Welfare Residential Educational Institutions Society. (i) A second class Master’s Degree (M.A./M.Sc/M.Com) or its equivalent from an institution recognized by the UGC, in the relevant (Annexure-A) school subjects for which the Post Graduate Teachers (PGT) are eligible with not less than 50% of marks in aggregate or its equivalent. (ii) In case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 45%. (i) A second class Master’s Degree (M.A./M.Sc/M.Com) or its equivalent from an institution recognized by the UGC, in the relevant (Annexure-A) school subjects for which the Post Graduate Teachers (PGT) are eligible with not less than 50% of marks in aggregate or its equivalent. (ii) In case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 45%. (iii) A B.Ed or equivalent degree from an institution recognized by the NCTE with the Teaching Methodology in the concerned subject. 3. Principal (School) in Mahatama Jothiba Phule Telangana Backward Classes Welfare Residential Educational Institutions Society. (B) Experience: 4. Principal (School) in Telangana Minorities Welfare Residential Educational Institutions Society. (iv) A total teaching experience of not less than (8) years including not less than (5) years as PGT/JL in any Government/ Aided/Government recognized High School/Junior College and (3) years of administrative experience as Head Master/principal of Government/ Aided/Government recognized High School/Junior college. 5. Principal (School) in Telangana Tribal Welfare Residential Educational Institutions Society. (C) Desirable: Knowledge of Computer Applications. 7. The eligibility criteria is two fold. Academic qualifications and experience. Again experience is two fold. Teaching and Administrative experience. Issue in this writ petition is on administrative experience. Notification requires minimum of 8 years teaching experience. Out of this, three years has to be administrative experience. It means while involving in teaching, person must also gain administrative experience. Administrative experience has to be as a Head Master of a High School or as Principal of a Junior College. The notification does not recognize acquiring administrative experience in any other manner, be it as administrative Principal-In-charge Principal/Vice-Principal/ Administrative In-charge/District Educational Coordinator etc. It has not made a provision to accept equivalent qualification. There is no ambiguity in the experience prescribed in the notification. That being the intendment of the employer, Court cannot assume the experience gained by petitioner as Academic Administrator as Principal/Academic Administrator as Vice-Principal, same as experience stipulated in the recruitment notification. A candidate may have acquired greater skill in administering the affairs of an educational institution by working in the said capacity, but when it comes to recruitment, the candidate has to fit into the eligibility criteria specified by the employer. It is the prerogative of the employer to stipulate conditions of eligibility. Scope of judicial review is very limited on prescribing eligibility criteria. It is the prerogative of the employer to stipulate conditions of eligibility. Scope of judicial review is very limited on prescribing eligibility criteria. The Court cannot step into the shoes of employer and review what eligibility criteria is intended or best suited to a post. Court cannot sit as Appellate Authority to make an assessment of what ought to have been stipulated by employer. In the absence of a challenge to recruitment notification and/or eligibility the clause, Court has to go by the intendment of the employer. 8. The issue raised in this writ petition was considered in W.P. Nos. 19223 and 19493 of 2019. In both the writ petitions, petitioners claimed to have worked as Vice Principals and gained administrative experience. Having regard to the terms of recruitment notification and the administrative experience claimed by the petitioners therein while working as Vice Principals, this Court held that claim of petitioners to have administrative experience gained in the capacity as Vice Principal cannot be treated as administrative experience as prescribed in the recruitment notification to make them eligible. This court held as under: “5........The recruitment notification is very clear and specific and as petitioner does not have administrative experience as headmaster of High School or Principal of Junior College, rejection of her candidature for further selection process cannot be faulted. There is no merit in the writ petition and the same is liable to be dismissed.” 9. Thus, there is no illegality in the decision of the Public Service Commission rejecting the candidature of petitioner for recruitment as Principal in the residential societies on the ground that he does not have administrative experience as Head Master of a High School or as a Principal of a Junior College. 10. Writ Petition fails and is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand closed.