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2025 DIGILAW 162 (TS)

A. Shailaja v. State of Telangana

2025-03-21

NAGESH BHEEMAPAKA

body2025
ORDER : Nagesh Bheemapaka, J. In this Writ Petition, petitioners challenge the action of the Telangana State Public Service Commission (TGPSC) in publishing the selection notification dated 11.10.2019 (Telugu Medium) and 02.11.2019 (English Medium) of the provisionally selected candidates for appointment to the post of Secondary Grade Teacher under the 1 respondent Notification No. 53 of 2017, dated 21.10.2017 and undertaking appointments contrary to the procedure prescribed under Rule 6-A of the Rules of Procedure and directions of this Court in Writ Appeal No. 419 of 2019 and batch dated 30.08.2019 leaving several unfilled vacancies, thereby affecting petitioners' right to be considered for appointment. 2. According to Sri Goda Shiva, learned Senior Counsel representing Ms. Goda Ramalakshmi, learned counsel for petitioners, as per Rule 6(A) of the Telangana State Public Service Commission Rules, if any selected candidate does not take up the offer of appointment, then the same has to be offered to the next meritorious candidate in the order of merit. Admittedly, in the instant case, TGPSC has not followed the said Rule, thereby many of the notified posts are lying vacant, submits learned Senior Counsel. 3. The Recruiting Agency TGPSC issued various Notifications for filling up of vacancies of Trained Graduate Teachers in various subjects, Secondary Grade Teachers in English and Telugu Media, Hostel Welfare Officers in Grade-II in the hostels run for Scheduled Castes, Scheduled Tribes and Backward Classes, Language Pandits and School Librarians. The selection process In respect of all the above posts include written examination, certificate verification in the ratio of 1:2 and eventual selection in the ratio of 1:1 for one to get selected to the posts, referred to supra. Though all the Notifications were independently issued by TGPSC and selection process conducted separately, results of the written examination were declared proximately close to one another. As can be seen from the list of posts for which selection process took place, general educational qualifications required for the posts notified are by and large common, but the hierarchy and the place of work would be one of the crucial factors for the candidates to take a call where they find their names in the list of selected candidates suitable for certificate verification. To claborate this point a little further, it would be necessary to state that a Trained Graduate Teacher is definitely superior to a Secondary Grade Teacher; similarly, a Librarian in a Junior College is superior to a Librarian in the School. Insofar as Hostel Welfare Officers are concerned, the Hostels run for the Scheduled Tribe candidates in scheduled areas would normally be preferred by candidates belonging to the said group as their possibilities of transfers would be far and few and therefore, a person who is selected both for a BC Hostel and SC Hostel would definitely not prefer to participate in the further process of selection in respect of posts to which they would be given a second preference. The recruitment procedure Is regulated by the Telangana State Public Service Commission Rules. The system of maintenance of wait list is dispensed with and PSC is required to prepare the merit list to the extent of vacancies notified only. For any reason, selected candidates do not join in the post offered to him or after joining the post, he leaves the employment, the said vacancies go to the next recruitment. However, the fact remains that many times, candidates do not join the post to which they are selected or though they join the post, leave the employment immediately thereafter. This can be for various reasons. To obviate this contingency and to avoid candidate in the select list not joining the post after his selection, PSC is required to follow procedure prescribed by Rule 6(A), which reads as under: “ 6-A: Notwithstanding anything contained in ad hoc Rule issued in G.O.Ms.No. 544, G.A. (Ser.A) Department, dated 04.12.1998. any candidate whose name has been included in a selection list in a direct recruitment prepared by the Commission, on enquiry by the Commission, may relinquish his claim for appointment in writing in the proforma prescribed by the Commission. The Commission shall thereupon remove the name of such candidates from the selection list and select any other candidate according to rules. The Commission shall thereupon remove the name of such candidates from the selection list and select any other candidate according to rules. The candidate whose name has been so removed from the selection list shall be informed of such removal by the Commission and shall have no right for the said appointment in future with reference to the said selection: Provided this provision is applicable only when a single category of posts is notified in a notification and not applicable to a notification where multiple categories of posts are notified. However, it shall be ensured that the list shall not be operated for any additional vacancies indented by the Government Departments. The selection list for the purpose of selecting candidates in place or relinquished candidate/candidates shall be operated only till the next notification is issued or for a period of one year, whichever is earlier." As required by Rule 6(A), only after the final merit list is drawn, willingness of candidates should be enquired to by the PSC and if the candidates expressed their unwillingness, their names should be excluded from the final merit list and to that extent, add the name of next meritorious candidate, draw the select list and forward the same to the appointing authority. The relinquishment is voluntary, and no body can force a candidate to relinquish even if he is selected to more than one post. Proviso to Rule 6(A) is applicable only when a single category of posts is notified in a notification and not applicable to a notification where multiple categories of posts are notified. However, it shall be ensured that the list shall not be operated for any additional vacancies indented by the government. The selection list for the purpose of selecting candidates in place of relinquished candidates / candidates shall be operated only till the next notification is issued or for a period of year, whichever is earlier. 4. However, it shall be ensured that the list shall not be operated for any additional vacancies indented by the government. The selection list for the purpose of selecting candidates in place of relinquished candidates / candidates shall be operated only till the next notification is issued or for a period of year, whichever is earlier. 4. Earlier, the Learned Single Judge who heard this batch of cases, disposed the same by a common order dated 24.06.2021, which reads as under: “ 9 This Court, having considered the rival submissions made by the Learned counsel for the respective parties, is of the considered view that since the issue raised in these writ petitions is squarely covered by the judgments rendered by this Court in WP No. 7117 of 2020 dated 11.08.2020 and WP No. 4495 of 2019 dated 11.6.2019 and as confirmed vide judgments dated 03.07 2019 in WA.No. 551 of 2019 these writ petitions can be disposed of directing the public service commission and the State Government to fill all the unfilled vacancies strictly by following Rule 6(A) of the Telangana State Public Service Commission Rules. It is made clear that the vacancies, which were relinquished by the selected candidates, after giving appointment orders, those vacancies had to be tagged on to the next notification and the vacancies which are still lying vacant even after issuance of appointment orders, those vacancies have to be filled up strictly by following Rule 6(A) of Telangana State Public Service Commission Rules and the same should be offered to the next meritorious candidates in order of merit.” 5. Aggrieved by the said common order, TGPSC preferred Writ Appeal No. 533 of 2021 and batch. By judgment dated 26.10.2021, Writ Appeals were disposed of setting aside the orders passed by the Learned Single Judge. The Division. Bench had remanded the matter to deal with each and every individual Writ petition, in order to give a finding of fact whether Rule 6(A) of the Rules has been complied with or not. The Division Bench, taking into consideration Rule 6 which provides that in case a candidate does not joint pursuant to issuance of appointment order, the fallout vacancies, if any, due to relinquishment and non-joining of selected candidates shall be notified in the next recruitment, observed that the order passed by the learned Single Judge is contrary to the said statutory provision. It is on remand, arguments have been advanced in respect of individual cases. 6. Learned Senior Counsel places reliance on the judgment rendered by the Hon’ble Supreme Court in Civil Appeal No. 4735 of 2022 dated 23.11.2022 (Telangana State Level Police Recruitment Board v Narimetla Vamshi). Attention of this Court was drawn to the following paragraph: “ We have heard learned counsel for the parties in the conspectus of the aforesaid submissions and find no reason to interfere with the concurrent findings of the two Courts below. The manner of interpreting the rule in question has already been set out in Munja Praveen case (Supra). If a candidate has not gone through the process of recruitment, he has not done what was required to be done by him as set out herein above, it cannot be construed as a vacancy arising which has to be carried forward to the next recruitment process. As to the consequences of the large number of vacancies which have remained on these different accounts, the details of which have been set out herein above, again lend support to this conclusion that a large part of the process is not frustrated by not filling up of the vacancies. Public employment is an important source of employability for young people in the country where we are facing problems of adequacy of jobs. An interpretation of the kind sought to be propounded by the appellants would go against the very ethos of providing public employment to persons eligible and meritorious, by construction of a rule in a manner leaving a large number of vacancies unfilled. This would not be an appropriate interpretation.” Learned Senior counsel submits that from the above referred judgment and portion extracted supra, the defence projected by TGPSC is unsustainable and contrary to law laid down by the Hon’ble Apex Court. In that view of the matter, the Writ Petition deserves to be allowed. 7. Learned Senior Counsel Sri P.S. Rajasekhar appearing on behalf of Sri M. Ramgopal Rao, learned Standing Counsel for TGPSC contends that respondents have strictly followed Rule 6(A) of the Rules and some of the vacancies, which were relinquished by the persons appointed in those vacancies, have to be tagged on to the next recruitment notification only and those unfilled vacancies cannot be filled up by the next meritorious candidates in the order of merit. Therefore, he seeks to dismiss the Writ Petitions. 8. In the light of the arguments advanced on both the sides, it is to be seen that in Munja Praveen v. State of Telangana, [ (2017) 14 SCC 797 ], while interpreting the concept of ‘fall out vacancies’, if any, due to relinquishment and non-joining, it has been opined that the appropriate interpretation of the GOM would be that after the appointment order is issued and the appointed person does not join, then the vacancy cannot be filled in on the basis of the waiting list or by operating the merit list downward. Based on the said judgment, in Narimetla Vamshi’s case, it has been held that if a candidate has not gone through the process of recruitment, he has not done what was required to be done by him and it cannot be construed as a vacancy arising which has to be carried forward to the next recruitment process. However, it is also observed that public employment is an important source of employability for young people in the country and an interpretation of the kind sought to be propounded would go against the very ethos of providing public employment to persons eligible and meritorious, by construction of a rule in a manner leaving a large number of vacancies unfilled. This would not be an appropriate interpretation. Reliance was also placed on the judgment of the Hon'ble Supreme Court in Ashok alias Somanna Gowda v State of Karnataka, (1992) 1 SCC 28 . This judgement was paraded to buttress the contention that petitioners alone would have to be considered for the vacancies and the respondents cannot frustrate the fruits of the litigation to petitioners on the ground that there could be /are candidates more meritorious than petitioners. In the said judgment, it is held as under: “ In view of the fact that the appointments under the impugned Rules were made as back as in 1987 and only the present appellants had approached the Tribunal for relief, the case of other candidates cannot be considered as they never approached for redress within reasonable time. We are thus inclined to grant relief only to the present appellants who were vigilant in making grievance and approaching the Tribunal in time. We are thus inclined to grant relief only to the present appellants who were vigilant in making grievance and approaching the Tribunal in time. Learned counsel for the State also submitted that the State Government has already framed new rules, and as such we do not find it necessary to quash the Rules under which the present selections were made as they are no longer in existence”. 9. At this juncture, it is also to be seen that this Court in similar circumstances, dealing with the similar notification, in Writ Petitions No. 20232 and 20273 of 2018, directed the Commission to strictly abide by the mandate of Rule 6(A) and make an enquiry with the rest of the candidates who figured in the said selection list and in the event any such candidates indicate their willingness to relinquish their selection as TGTS (Science), the Commission shall remove his / her name in the selection list and include the name of the next candidate in terms of merit. Challenging the said order, Writ Appeals No. 1494 of 2018 and 1524 of 2018 were filed by the Commission. The said Writ Appeals were disposed of confirming the directions of the learned Single Judge. 10. The case of petitioners is that all of them secured marks marginally less than the cut-off marks in their respective categories and districts and they were called for certificate verification in the ratio of 1:3 and accordingly, they all have attended verification. But the 2 nd respondent, without following rule of relinquishment, published the impugned selection notification of SGT. When petitioners and others filed Writ Petition No. 8679 of 2019 and Writ Appeal No.419 of 2019 and batch, this Court allowed the Writ Appeal and other Writ Petitions setting aside the provisional selection lists dated 31.12.2018 and 04.04.2019 for the posts of SGT in both media. The Commission was directed to first seek relinquishment option from all the candidates who are provisionally selected for the post of SGT (Telugu Medium) and (English Medium). In case the commission receives relinquishment option from the provisionally-selected candidates, it is directed to fill up those vacant posts while considering the cases of petitioners. However, it was clarified that petitioners would be entitled to be appointed, provided they fulfil the eligibility and suitability requirement for the said posts. In case the commission receives relinquishment option from the provisionally-selected candidates, it is directed to fill up those vacant posts while considering the cases of petitioners. However, it was clarified that petitioners would be entitled to be appointed, provided they fulfil the eligibility and suitability requirement for the said posts. According to petitioners, as against SGT(TM) OC(G), five absentees were there and persons in the merit list below the cut-off date got selected under respective reserved posts. Petitioner No.18 being the third in the list, can be accommodated in one of the five available vacancies. In respect of SGT (TM) OC(G) in Ranga Reddy District, five candidates were absent and petitioner No. 19 being the 4 th in the merit list after the last selected candidate is eligible for appointment. Likewise, for SGT(TM) OC (G) in Ranga Reddy District, OC(G) in Medak, SC in Ranga Reddy District and OC in Ranga Reddy District, petitioners No. 20, 21, 22 and 23 being the next meritorious candidates are entitled to be appointed. 11. However, the case of the 2nd respondent Commission is that selection revised calling relinquishments from the provisional selection list and final results were declared on 16.03.2021 after passing the order in Writ Appeal No. 419 of 2019. 12. Be that as it may. In view of the judgment in Narimetla Vamshi’s case , since it is the case of petitioners that they are entitled to be appointed in the place of relinquished candidates, this Court deems it appropriate to direct the 2nd respondent to consider the candidature of petitioners as per their merit list. 13. Further, in the judgment in Ashok alias Somanna Gowda’s case, the Hon’ble Supreme Court granted relief only to the appellants who were vigilant in making grievance and approaching the judicial fora in time. Same principle is liable to be extended in the present case as well, in view of the fact that it is only petitioners, who knocked the doors of this Court for redressal of grievance on the principles which are in consonance with the judgment rendered by the Apex Court in Narimetla Vamshi’s case (supra). For the aforesaid reasons, this Writ Petition deserves to be allowed. 14. The Writ Petition is accordingly, allowed. For the aforesaid reasons, this Writ Petition deserves to be allowed. 14. The Writ Petition is accordingly, allowed. The 2nd respondent is directed to select and appoint petitioners as per their merit and eligibility by removing all the candidates who have not responded to the web notification treating them as deemed to have relinquished their candidate to the post of SGT under Notification No.53 of 2017 dated 21.10.2017. No costs. 15. Consequently, miscellaneous Applications, if any shall stand closed.