Items No.17-23
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL Nos.210 of 2020, 938 of 2019, 105 of 2020,
160 of 2020, 2 of 2021, 10 of 2021 and 24 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. W.A.Nos.210, 160 of 2020 and 2, 10, 24 of 2021 have been
filed by the State, and W.A.Nos.938 of 2019 and 105 of 2020 have
been filed by the private respondents, being aggrieved by the
judgment dated 16.09.2019 passed by the learned Single Judge allowing W.P.No.3019 of 2018 filed by the respondents No.1 to 5/writ petitioners in W.A.No.210 of 2020.
2. In the impugned judgment, the learned Single Judge has turned down the plea taken by the appellant/State and held that the National Council for Teacher Education Act, 1993 (for short 'NCTE Act') framed by the Central Government would prevail over the Telangana Tribal Welfare Residential Education Institutions Society Recruitment Rules, 1999, for recruitment of Physical Education Teachers (PETs) in residential schools. The Court has held that the respondents No.6 to 11 herein (impleaded as respondents No.2 to 7 in the writ petition) had rightly taken note of the NCTE regulations and applied them to the subject recruitment. While disposing of the writ petition, the learned Single Judge observed that the impugned notification dated 14.04.2017 issued by the State refers to 616 posts of PETs that have been notified for being filled up by the Telangana State Public Service W.A.Nos.210 of 2020 & batch Page 1 of 4 Commission (TSPSC) and since several persons including the private respondents have appeared in the examination that was conducted in May, 2017, pursuant to the aforesaid notification, it would cause untold hardship to them if the said process is set at naught and the said posts are not permitted to be filled up. As a result, proceeding to mould the relief as sought for by the writ petitioners, the following directions were issued:-
"67. I therefore propose to mould the relief sought by the petitioners in the interest of justice in the following manner:
(a) the respondent Nos.1 to 7 are directed to identify the PET posts which would be required for (i) Classes I to VIII or Classes V to VIII and (ii) Classes IX and X in respondent Nos.2, 4 to 7 institutions;
(b) respondent Nos.1 to 7 shall prescribe a higher cut off mark for Graduates who are eligible as per the NCTE Regulations referred to above only for the posts of PETs earmarked for Classes IX and X;
(c) respondent Nos.1 to 7 shall prescribe a lower cut off mark for non-Graduates like the petitioners who are also eligible as per the NCTE Regulations referred to above for the posts of PETs earmarked for Classes I to VIII or Classes V to VIII;
(d) respondent Nos.1 to 7 shall consider on the basis of the cut off marks so fixed, qualified Graduate candidates only for the posts of PETs earmarked for Classes IX and X;
(e) respondent Nos.1 to 7 shall consider on the basis of the cut off marks so fixed, qualified non-Graduate candidates like the petitioners only for the posts of PETs earmarked for Classes I to VIII or Classes V to VIII;
(f) the TSPSC shall publish a fresh list of selected candidates as per the above norms within eight weeks from the date of receipt of a copy of this order; and W.A.Nos.210 of 2020 & batch Page 2 of 4
(g) respondent Nos.1 to 7 shall then take further steps to fill up the said posts with such qualified candidates."
3. It was further directed that till the aforesaid exercise is completed, status quo shall be maintained in all respects. Aggrieved by the aforesaid judgment, the State and the private respondents have filed the respective appeals.
4. In the course of submissions, learned Additional Advocate General states, on instructions, that the State may be permitted to comply with the directions issued in the impugned judgment, calling upon it to identify and segregate the PET posts that would be required to be filled up by those teachers, who would be imparting physical education to students studying in classes up to Class VIII and to those teachers, who would be imparting physical education to students studying in Classes IX and X in the respondents No.6, 8 to 11/Institutions. He submits that after the said segregation is done, the eligibility of the candidates for the subject posts shall be considered strictly in terms of the NCTE Regulations and on merit. It is submitted that once the appellant/State has agreed to separate the cadre of the teachers, who have applied for the PET posts into the posts that will be earmarked for PETs upto Class VIII and posts that will be earmarked for PETs for Class IX and X, then the remaining directions contained in clauses (b) to (f) of Para 67 of the impugned judgment will go and a fresh list of selected candidates shall be published by the State by segregating the cadre as stated above, within two weeks.
W.A.Nos.210 of 2020 & batch Page 3 of 4
5. Mr. S. Rahul Reddy, learned counsel for the respondents No.1 to 5/writ petitioners and Mr.D.Prakash Reddy, learned Senior Counsel appearing for the appellants in W.A.Nos.938 of 2019 and 105 of 2020 are agreeable to the aforesaid submission.
6. Accordingly, with the consent of the parties, the present appeals are disposed of in terms of the submission made by learned Additional Advocate General, as recorded above along with the pending applications, if any. The appellant/State is directed to complete the entire exercise and publish the list of selected candidates in the two cadres at the earliest, preferably within two weeks from today.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 08.03.2021 Lur/vs W.A.Nos.210 of 2020 & batch Page 4 of 4