S.Kavitha vs The Telangana State Public ...

Citation : 2022 Latest Caselaw 1034 Tel
Judgement Date : 4 March, 2022

Telangana High Court
S.Kavitha vs The Telangana State Public ... on 4 March, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

    W.A.Nos.487, 621, 624, 655 & 656 of 2021 and 48 of 2022

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

       Regard being had to the controversy involved in the

aforesaid cases, they were heard together and are being decided

by a common order.

       The facts of W.A.No.487 of 2021 are reproduced as

under:-

       The present writ appeal is arising out of the order dated

07.04.2021        passed      by     the    learned       Single     Judge   in

W.P.No.19434 of 2019.

       The undisputed facts of the case reveal that the writ

petition was preferred by the appellants being aggrieved by the

non-selection to the post of Principal (School) in the schools run

by the residential societies.

       The Notification issued by the respondent/Telangana

State Public Service Commission (TSPSC) dated 02.06.2017 is on record and the qualification prescribed under the Notification is Master's Degree along with B.Ed. Degree. The appellants were permitted to participate in the selection process. However, results have not been declared, as they do not have B.Ed. or 2 equivalent Degree with the Teaching Methodology in the concerned subject.

Learned counsel for the appellants has drawn the attention of this Court towards the Notification dated 02.06.2017 and her contention is that the Rules relating to Telangana Tribal Welfare Residential Educational Institutions Society (Gurukulam) are to be followed in the matter of recruitment and the aforesaid Rules only prescribe P.G.Degree along with B.Ed. Degree. The TSPSC and the State Government have not at all taken into account the aforesaid aspect while considering the cases of the appellants. Not only this, there is a power of relaxation available with the respondent/TSPSC and it has been informed that large number of posts are lying vacant.

In the light of the aforesaid, the respondent/TSPSC is directed to consider the cases of the appellants, keeping in view the Rules relating to Telangana Tribal Welfare Residential Educational Institutions Society (Gurukulam) in respect of educational qualifications and to pass a speaking order in respect of the appellants' selection positively within a period of 45 days from today.

3

With the aforesaid, the writ appeals stand disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 04.03.2022 JSU