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2025 DIGILAW 859 (TS)

Edla Balraju v. Telangana State Public Service Commission TSPSC

2025-06-10

NAMAVARAPU RAJESHWAR RAO

body2025
ORDER : NAMAVARAPU RAJESHWAR RAO, J. 1. This writ petition is filed seeking the following relief: “…..to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus and Declaration, thereby, declaring the action of Respondent No.1 in rejecting the candidature of petitioner for the post of Lab Technician Grade-II as being illegal, arbitrary, unfair, unknown to service jurisprudence, violative of Articles 14 and 21 of the Constitution of India, contrary to original Notification No.67/2017, dated 18.12.2017 and also contrary to G.O.Rt.No.88, dated 15.02.2018 and consequently direct respondent No.1 to declare that the petitioner is entitled to be appointed for the post of Lab Technician Grade-II as per merit list in Open or SC category in any one of the existing vacancies with all consequential benefits….” 2. Heard Sri Baglekar Akash Kumar, learned counsel appearing for the petitioner and Sri P.S. Rajasekhar, learned Standing Counsel appearing for the respondents. 3. Brief facts of the case are as follows :- (i) The 1 st respondent issued Notification bearing No.67/2017, dated 18.12.2017 for filling up the posts of Lab Technician Grade-II in DPH and FW, DME and Lab Technician in TVVP. The educational qualification for the said posts was intermediate, DMLT or B.Sc. (MLT) from the recognized University and the candidate must be registered with para-medical board AP/TS. When some of the students challenged the above Notification before this Hon’ble Court, the Hon’ble Division Bench of this Court in W.A.No.188 of 2018 dated 07.02.2018 directed the respondents to take a decision, if the grievance of the appellants therein can be considered. Pursuant to the direction of this Court, the Government of Telangana issued G.O.Rt.No.88, dated 15.02.2018, wherein twelve courses approved by Para-Medical Board-2nd respondent were made eligible for the post of Lab Technician Grade-II. Out of the twelve courses, B.Sc. (Micro Biology) being one. (ii) Based on the said G.O.Rt.No.88, the 1st respondent issued a Web Note calling upon the candidates, who are having qualifications as per the said G.O., to apply for the post of Lab Technician Grade-II. Thereafter, the 1 st respondent issued another Web Note extending the last date for submission of applications upto 10.03.2018. The petitioner belongs to Scheduled Caste community and completed his intermediate education through the Board of Intermediate Education in the year 2006 with ‘B’ Grade. Thereafter, the 1 st respondent issued another Web Note extending the last date for submission of applications upto 10.03.2018. The petitioner belongs to Scheduled Caste community and completed his intermediate education through the Board of Intermediate Education in the year 2006 with ‘B’ Grade. Thereafter, the petitioner has completed his graduation in Bachelor of Science (B.Sc) from the Osmania University in the year 2008-2009 and the subjects in B.Sc., were Botany, Chemistry and Microbiology. (iii) The course of B.Sc (Micro Biology) was approved by the 2 nd respondent and to that extent, G.O.Rt.No.88 was issued by the 3rd respondent and therefore, the petitioner made an application to the 2 nd respondent for grant of Certificate of Registration as per the Telangana Para Medical Board Act, 2006 . Based on the said application, the 2nd respondent granted Certificate of Registration as Para Medical Technician/Professional in Medical Lab Service vide proceedings dated 06.03.2018. Since the petitioner is eligible as per the revised Notification, he has applied for the post of Lab Technician Grade II in online mode by uploading all the requisite documents. The petitioner has appeared for the examination and he has obtained 43.784 marks out of 100 marks. Thereafter, the 1 st respondent called the petitioner for certificate verification. At the time of certificate verification, the Verification Officer of the 1 st respondent noted that the Registration of Para Medical Certificate was issued after Notification i.e., 18.12.2017. Thereafter, an official of the 1 st respondent informed the petitioner over phone that he is ineligible for appointment to the post of Lab Technician Grade-II, as his Certificate of Registration as a Para Medical Technician/Professional in Medical Lab Service was issued on 06.03.2018 i.e., after 18.12.2017. Aggrieved thereby, the petitioner has filed the present writ petition. 4. Learned counsel appearing for the petitioner submits that pursuant to the approval of the course of B.Sc (Micro Biology) by the 2 nd respondent and issuance of G.O.Rt.No.88, dated 15.02.2018, by the 3 rd respondent, the petitioner, who studied the course of B.Sc (Micro Biology) is eligible for appointment to the post of Lab Technician Grade-II. As such, he applied for and was granted the Certificate of Registration on 06.03.2018. The 1 st respondent also extended the deadline for submission of application upto 10.03.2018, within which the petitioner applied, thereby making him eligible. 5. As such, he applied for and was granted the Certificate of Registration on 06.03.2018. The 1 st respondent also extended the deadline for submission of application upto 10.03.2018, within which the petitioner applied, thereby making him eligible. 5. Learned counsel appearing for the petitioner further submits that the petitioner completed his intermediate in 2006 and B.Sc., in 2008-09 i.e., well before the date of original Notification No.67 of 2017, dated 18.12.2017. The requirement under point No.4 of the original Notification is with regard to qualification from a recognized University/Institution as on the date of Notification. The Certificate of Registration, being a professional recognition rather than an educational qualification, can be issued even after the Notification date. The Certificate of Registration is not an educational qualification but rather a recognition by the 2 nd respondent to practice as Para-Medical Technician/Professional. However, the respondents, without considering the Certificate produced by the petitioner, erroneously rejected the case of the petitioner for appointment to the post of Lab Technician Grade-II. Therefore, appropriate orders be passed in the writ petition by allowing the writ petition and directing the respondents to consider the case of the petitioner for appointment to the post of Lab Technician Grade-II. 6....... (i) Learned Standing Counsel appearing for the respondents filed a counter affidavit stating that the petitioner has completed B.Sc. (Micro Biology) course in the year 2009 and the same was registered with the Para Medical Board on 06.03.2018 i.e., after the date of issuance of Notification No.67/2017 for the post of Lab Technician. According to para 1 (4) of Notification No.67 of2017, the applicants must possess the qualification from a recognized University/Institution as specified in G.O.Ms.No.166 Health, Medical and Family Welfare (B1) Dept., dated 09.09.2017, as on the date of Notification. The qualifications as specified by the Department vide G.O.Ms.No.166, Health Medical and Family Welfare (B1) Dept, dated 09-09-2017 are that the applicants must possess a) Intermediate. b) DMLT or B. Sc (MLT) from a recognized university, or any other qualification as specified in G.O.Rt.No.88, dated 15.02.2018 from the recognized university, and c) registered with the Para- Medical Board AP/TS. (ii) It is further stated that as per Para-I (4) Education Qualifications of Notification, the applicants must be registered with TS/AP Paramedical Board as on the date of Notification i.e., 18/12/2017. However, the registration of Paramedical Certificate is after the date of Notification i.e., on 06/03/2018. (ii) It is further stated that as per Para-I (4) Education Qualifications of Notification, the applicants must be registered with TS/AP Paramedical Board as on the date of Notification i.e., 18/12/2017. However, the registration of Paramedical Certificate is after the date of Notification i.e., on 06/03/2018. Hence, the petitioner's qualification cannot be considered for appointment as a Lab Technician Grade-II vide Notification No.67/2017. (iii) It is further stated that as per Para-4 (II), educational qualification in Category Wise, a candidate is made eligible for the post of Lab Technician, if he/she is registered with the Para-Medical Board AP/TS. The candidate must satisfy both the conditions as on date of issuance of Notification, as mentioned in Para-1(4) of Lab Technician Notification, for the post of Lab Technician Grade-II. (iv) It is further stated that out of twelve courses approved by Para Medical Board, B.Sc. in Microbiology is one among them, which is made eligible for the post of Lab Technician Grade-II vide G.O.Rt.No.88, dated: 15.02.2018. Twelve more courses were made eligible for the post of Lab Technician Grade-II, but no exemption was given for registration of those courses as on the date of Notification. In addition to the courses mentioned in G.O.Ms.No.166, Twelve (12) more courses were added and were given eligibility for the post of Lab Technician Grade-II through G.O.Rt.No.88, but the registration with Para Medical Board of those courses is compulsory as mentioned in G.O.Ms. No.166 and the registration must be as on date of issuance of notification, as the registration is part and parcel of the qualification mentioned for the post of Lab Technician Grade -II. (v) It is further stated that the Commission through Web Note dated 17.02.2018 has informed the candidates that the Government has issued G.O.Rt.No.88, dated 15.02.2018 including twelve additional qualifications to the existing qualification for the post of Lab Technician Grade-II vide Notification No.67/2017, dated 18.12.2017 and through Web Note dated 24.02.2018 has informed that the last date for submission of applications is extended upto 10.03.2018. From the web note dated 17.02.2018, it is clear that only addition of twelve qualifications to the existing qualifications mentioned vide Notification No.67/2017. Hence, there is no change in the eligibility criteria i.e possessing qualification and its registration with Para Medical Board as on the date of notification. From the web note dated 17.02.2018, it is clear that only addition of twelve qualifications to the existing qualifications mentioned vide Notification No.67/2017. Hence, there is no change in the eligibility criteria i.e possessing qualification and its registration with Para Medical Board as on the date of notification. (vi) It is further stated that as per Rule-12 (3) (a) of the Telangana State and Sub-ordinate Service Rules, a candidate should possess the academic qualifications and experience including practical experience prescribed, if any for the post as on the date of the notification for direct recruitment issued by the concerned recruiting agency (vide amendment in G.O.Ms.No.464, dated 10.11.1997). Therefore, not only the qualification, experience, but the registration of the qualification should also be done as on the date of Notification. (vii) It is further stated that the petitioner at the time of submission of application, entered his qualification as B.Sc. Microbiology and his year of passing as 2009. At the time of verification of original certificates, it is noticed that B.Sc. Microbiology is registered with the Paramedical Board on 06-03-2018 i.e., after issuance of notification on 18-12-2017. Hence, his candidature was rejected as he does not possess the required qualification as on the date of issuance of first notification. 7. Learned Standing Counsel appearing for the respondents submits that the respondents have rightly rejected the case of the petitioner for appointment to the post of Lab Technician Grade-II and therefore, the writ petition is devoid of merits and the same is liable to be dismissed. 8....... (i) Learned counsel appearing for the petitioner filed a rejoinder stating that the petitioner has completed intermediate in the year 2006 and B.Sc. (Microbiology) in the year 2008-09 i.e., much prior to issuance of Notification. Section 2(h) and (i) of the Telangana Para Medical Board Act, 2006 , states as follows :- (h) "Para Medical Course" means courses for the award of any degree, diploma or certificate as notified by Government from time to time. (i) "Para Medical Technician" or "Para Medical Professional" means persons as may be specified and notified by the Government as Para Medical Technicians/ Para Medical Professionals from time to time. (ii) It is further stated that pursuant to G.O.Rt.No.88, dated 15.02.2018, Respondent No.2 has given the registered Certificate on 06.03.2018 and thereafter, the petitioner has applied for the post of Lab Technician Grade-II. (ii) It is further stated that pursuant to G.O.Rt.No.88, dated 15.02.2018, Respondent No.2 has given the registered Certificate on 06.03.2018 and thereafter, the petitioner has applied for the post of Lab Technician Grade-II. Therefore, at the time of original Notification dated 18.12.2017 B.Sc. in Microbiology was not the para-medical course and it became the para- medical course after issuance of G.O.Rt.No.88, dated 15.02.2018. The recognition of a course by the Para- medical board is not an educational qualification, but a mere recognition of that course as per Section 2(h) and Section 2(i) of the Telangana Para Medical Board Act, 2006 . But, the respondents, without considering the Certificate submitted by the petitioner, erroneously rejected the case of the petitioner for appointment to the post of Lab Technician Grade-II. 9. Having considered the rival submissions made by the learned counsel for the respective parties, this Court is of the considered view that the respondents have issued Notification on 18.12.2017 for filling up the posts of Lab Technician Grade-II and the educational qualification for the said posts was intermediate, DMLT or B.Sc. (MLT) from the recognized University and the candidate must be registered with para-medical board AP/TS. However, pursuant to the order of the Hon’ble Division Bench of this Court in W.A.No.188 of 2018, dated 07.02.2018, the Government of Telangana issued G.O.Rt.No.88, dated 15.02.2018 including twelve courses approved by the 2nd respondent and out of the said twelve courses, one of the course was B.Sc (Micro Biology). 10. In the instant case, the petitioner has completed intermediate in the year 2006 and B.Sc (Microbiology) in the year 2008-2009. The course of B.Sc (Micro Biology) was approved by the 2nd respondent and to that extent, G.O.Rt.No.88, dated 15.02.2018 was issued by the 3 rd respondent and therefore, the petitioner made an application to the 2 nd respondent for grant of Certificate of Registration as per the Telangana Para Medical Board Act, 2006 . Based on the said application, the 2 nd respondent granted Certificate of Registration as Para Medical Technician/Professional in Medical Lab Service vide proceedings dated 06.03.2018. 11. Since the petitioner is eligible as per the revised Notification, he has applied for the post of Lab Technician Grade II in online mode by uploading all the requisite documents. At the time of certificate verification, the Verification Officer of the 1st respondent noted that the Registration was after Notification i.e. 18.12.2017. 11. Since the petitioner is eligible as per the revised Notification, he has applied for the post of Lab Technician Grade II in online mode by uploading all the requisite documents. At the time of certificate verification, the Verification Officer of the 1st respondent noted that the Registration was after Notification i.e. 18.12.2017. After the certificate verification, the respondents have rejected the case of the petitioner for appointment to the post of Lab Technician Grade-II, as his Certificate of Registration as Para Medical Technician/Professional in Medical Lab Service was issued on 06.03.2018 i.e., after 18.12.2017. 12. A perusal of the revised Notification i.e., G.O.Rt.No.88, dated 15.02.2018 discloses that the 3 rd respondent has added 12 courses approved by the 2 nd respondent. In the said Notification, the 3 rd respondent did not impose any condition requiring the registration of Para Medical Technician/Professional in Medical Lab Technician. When the respondent authorities approved the twelve subjects in the same Notification, they did not say anything with regard to Para Medical Certificate or otherwise they ought to have mentioned that they would accept the Para Medical Certificate obtained prior to the 1 st Notification. Admittedly, the petitioner possessed the required qualification much prior to the Notification i.e., in the year 2008-2009. In the absence of any specific condition with regard to registration of Certificates in the said G.O., the contention of the respondents that the petitioner has obtained the registered Certificate after issuance of Notification is not acceptable. As the petitioner is eligible for appointment as a Lab Technician Grade-II, pursuant to G.O.Rt.No.88, dated 15.02.2018 he applied for grant of Certificate of Registration as para Medical Technician/Professional in Medical Lab Service. As contended by the petitioner, the respondents have erroneously rejected the case of the petitioner without considering the Certificate of Registration submitted by the petitioner. 13. The petitioner has not obtained the Registered Certificate at the time of issuance of earlier Notification. However, pursuant to issuance of G.O.Rt.No.88, the petitioner made an application before the 2 nd respondent for grant of Certificate of Registration and accordingly the 2 nd respondent has granted Certificate of Registration on 06.03.2018. In the instant case, the petitioner has completed his graduation much prior to the issuance of the Notification i.e., in the year 2008-2009. However, pursuant to issuance of G.O.Rt.No.88, the petitioner made an application before the 2 nd respondent for grant of Certificate of Registration and accordingly the 2 nd respondent has granted Certificate of Registration on 06.03.2018. In the instant case, the petitioner has completed his graduation much prior to the issuance of the Notification i.e., in the year 2008-2009. Therefore, the action of the respondents in rejecting the case of the petitioner for appointment to the post of Lab Technician Grade-II on the ground of not registering Paramedical/Professional Certificate at the time of first Notification, is not acceptable and the same is violation of the principles of natural justice. 14. Hence, the respondents are hereby directed to consider the petitioner’s candidature for appointment to the post of Lab Technician Grade-II by duly taking into account the Certificate of Registration as a Para Medical Technician/Professional in Medical Lab Service obtained by him on 06.03.2018, if the petitioner is otherwise found eligible, and pass appropriate orders in accordance with law and duly communicate the outcome to the petitioner. 15. Accordingly, the writ petition is disposed of. There shall be no order as to costs.