T. Lavanya v. Telangana State Northern Power Distribution Company Ltd.
2024-08-21
ANIL KUMAR JUKANTI
body2024
DigiLaw.ai
ORDER : This writ petition is filed praying to grant the following relief: “… to issue any appropriate writ, order or direction particularly one in the nature of a mandamus declaring the action of the respondents in not issuing the Call Letters for verification of their original certificates, having issued the same earlier vide Letter No.SE/OP/NZB/DE (T)/JAO (Estt)/CI/F.No. Sub-Eng/CI/D.No.2165/18, dated 24.09.2018, and Memo No.SE/O/KMM/DE (T)/PO/JAO/Adm /A5/CI/D.No.1290/18, dated 25.09.2018, by the 3rd and 4th respondents respectively, pursuant to the Notification No.2 of 2018 dated 24.05.2018 for recruitment to the post of Sub-Engineer (Electrical), issued by the 1st respondent, as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to verify the Original Certificates of the Petitioners and accordingly appoint them as Sub-Engineers (Electrical), against the Notified Vacancies, under SC, BC (A) Categories respectively based on their merit 56, 84 marks, on par with other candidates with all consequential benefits, pursuant to the Notification No.2 of 2018 issued by the 1st respondent, and pass such other orders as may be just.” 2. Brief facts: Petitioners belong to Nizamabad and Khammam Districts and belong to SC and BC-A communities respectively. They are Diploma Holders in Electrical and Electronics Engineering. Petitioner No.1 passed B.Tech., in Electrical and Electronics Engineering from JNTU. Pursuant to Notification No.2 of 2018, dated 24.05.2018, for recruitment to the post of Sub-Engineers (Electrical), petitioners submitted their online applications and they were issued Hall Tickets bearing Nos.1040582 and 1120644 respectively. Petitioners attended written test held on 08.07.2018 and secured 56 and 84 marks respectively and their ranks were 3267 and 315 respectively. 2.1 Petitioners were issued call letters by the concerned Superintending Engineers, dated 24.09.2018 and 25.09.2018, requesting to attend for certificate verification on 03.10.2018 and 05.10.2018 at the respective Circle Offices. Certificate verification was postponed due to election code and they were intimated that the date of verification of original certificates would be communicated. The grievance of the petitioners is that verification of their original certificates was not done nor any date was intimated and that having qualified in written examination they are eligible for appointment as Sub-Engineers against the notified vacancies under the SC and BC-A Categories respectively. Hence, the writ petition. 3.
The grievance of the petitioners is that verification of their original certificates was not done nor any date was intimated and that having qualified in written examination they are eligible for appointment as Sub-Engineers against the notified vacancies under the SC and BC-A Categories respectively. Hence, the writ petition. 3. It is submitted by learned counsel for petitioners that pursuant to notification issued in the month of May, 2018 for recruitment to the post of Sub-Engineers (Electrical), petitioners submitted online applications, appeared for the written examination with Hall Tickets bearing No.1040582 and 1120644 on 08.07.2018. It is further submitted that petitioners secured 56 and 84 marks and they were allotted ranks of 3267 and 315. It is also submitted that they belong to SC and BC-A categories and are from Nizamabad and Khammam Districts. 3.1 It is submitted that the petitioners received call letters from the concerned Superintending Engineers, Operation Circle of Nizamabad and Khammam District, for verification of certificates on 03.10.2018 and 05.10.2018 pursuant to the result of written examination conducted on 08.07.2018. It is further submitted that petitioners were ready and willing to be subjected for certificate verification and were prepared with the certificates as indicated in the call letters dated 24.09.2018 and 25.09.2018 before the concerned authorities. But, verification of certificates was not undertaken in spite of issuance of letters. It is also submitted that thought petitioners were ready and willing to subject themselves to certificate verification, the said verification process was postponed as Election Code, had come into operation. 3.2 It is submitted that petitioners received a communication by way of an SMS on 29.09.2018 stating that they would be further updated at a later date with respect to the certificate verification. Learned counsel has drawn the attention of this Court to Memo dated 21.08.2024, wherein vacancy position(s) of Sub-Engineer posts during the calendar year 2023 with regard to 16 districts is shown and submits that there are vacancies available and petitioners be accommodated in the said vacancies. It is lastly submitted that no such certificate verification process was undertaken for the petitioners and the same is unjust, arbitrary and violative of the Articles 14, 16 and 21 of the Constitution of India.
It is lastly submitted that no such certificate verification process was undertaken for the petitioners and the same is unjust, arbitrary and violative of the Articles 14, 16 and 21 of the Constitution of India. 3.3 Learned counsel for petitioners relied upon an order passed by this Court in W.P.No.46117 of 2018 and batch, dated 19.07.2024, and stated that in similar facts and circumstances this Court passed orders and the said decision is applicable to the case of the petitioners, hence similar orders be passed. 4. Ms. K. Udaya Sree, learned Standing Counsel for TSNPDCL, submitted that petitioners submitted online applications pursuant to the notification No.2 of 2018, dated 24.05.2018, and after announcement of the written examination, they were issued call letters from the concerned Superintending Engineers, Operation Circle of the respective Districts. The said certificate verification process was postponed due to Election Code, in operation, and petitioners were informed that they would be updated with regard to certificate verification at a later date. 5. During the course of submissions, learned counsel appearing on behalf of the official respondents also submitted that issue involved in W.P.No.46117 of 2018 and batch is similar to the issue involved in the present writ petition and that similar orders be passed in the present writ petition. 6. Heard learned counsels, perused the record and considered the rival submissions. 7. Petitioners submitted their online applications pursuant to notification, dated 24.05.2018 for the post of Sub-Engineer (Electrical). It is not in dispute that petitioners were issued Hall Tickets and they attended for the written test held on 08.07.2018 and secured 56 & 84 marks respectively. They were issued call letters from the concerned Superintending Engineers, Operation Circle, dated 24.09.2018 and 25.09.2018 for certificate verification. It is also not in dispute that pursuant to Election Code, having come into operation, process of certificate verification scheduled on the respective dates mentioned in the call letters of the Superintending Engineers were postponed. Learned counsel for petitioners placed reliance on a judgment of this Court in W.P.No.46117 of 2018 and batch, submitted that similar orders be passed. 8. In W.P.No.46117 of 2018 and batch, learned Single Judge at paragraph Nos.25 and 26 held as follows: “… 25. In view of the above settled proposition of law, it can be safely held that an appointment/notification cannot be challenged unless the selected candidates are impleaded and heard.
8. In W.P.No.46117 of 2018 and batch, learned Single Judge at paragraph Nos.25 and 26 held as follows: “… 25. In view of the above settled proposition of law, it can be safely held that an appointment/notification cannot be challenged unless the selected candidates are impleaded and heard. In the absence of selected candidates, being impleaded in the present batch of writ petitions and more so, taking into consideration that they were appointed as early as in the year 2018/2019, this Court Is not inclined to pass any orders disturbing their selection. 26. As it is contended by the learned senior counsel for the petitioners that there are still vacancies available, which arise out of recruitment notification dated 24.05.2018, the writ petitions are disposed of giving liberty to the petitioners to submit representation to the respondent authorities giving details of the vacancies, which have arisen from out of the notification dated 24.05.2018 and if vacancies, as such, are available, the respondent authorities are directed to fill up those vacancies with the petitioners by following due process of law and also rule of reservation. The exercise shall be completed by the respondents within a period of two (2) months from the date of receipt of representation of the petitioners, as observed above.” 9. Both the learned counsels stated that the issue involved in the present writ petition and relief being sought is similar to that in W.P.Nos.46117 of 2018 and batch and similar orders be passed in the present writ petition. 10. In view of the said submission(s), this Court is of the considered opinion that ends of justice would be met, in the facts and circumstances of the case, as both the learned counsel(s) consented that similar order as in W.P.No.46117 of 2018 and batch be passed. The writ petition is disposed of granting liberty to the petitioners to submit a representation to the respondent authorities and on receipt of such representation, the respondent authorities shall consider the same and pass orders in accordance with law. Petitioners shall indicate the number of vacancies along with the representation arising out of recruitment notification dated 24.05.2018. Respondent authorities shall consider the cases of petitioners to fill up the vacancies as submitted by the petitioners along with representation in accordance with law.
Petitioners shall indicate the number of vacancies along with the representation arising out of recruitment notification dated 24.05.2018. Respondent authorities shall consider the cases of petitioners to fill up the vacancies as submitted by the petitioners along with representation in accordance with law. The entire exercise shall completed by the respondents within a period of two (02) months from the date of receipt of representation. There shall be no order as to costs. 11. With the above observations, Writ Petition is disposed of. No costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.