HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 38050 of 2022
ORDER:
The present writ petition is filed seeking issuance of writ of mandamus to declare, the action of respondent No.3 in issuing General Recruitment Notification No.13/2022, dated 05.09.2022 knowing fully well that such issuance of notification will deny the petitioners and similarly placed persons as degree certificates or results cannot be obtained/produced as on the date of the said notification; the action of respondent No.3 in not receiving/accepting the application forms of the petitioners herein through online via website www.tspsc.gov.in for participation in the examination (objective type) for the post of Child Development Project Officer (CDPO) in furtherance to the General Recruitment Notification No.13/2022, dated 05.09.2022 issued by respondent No.3; the action of respondent Nos.1 and 2 in not considering the representations, dated 07.10.2022 made by the petitioners requesting to receive online application forms; and the action of respondent No.3 in not considering the representations, dated 06.09.2022 made by the petitioners requesting to receive the application forms of the petitioners 2 and permit them to appear for the examination pursuant to notification No.13/2022, dated 05.09.2022, as illegal and arbitrary and consequently, direct respondent No.3 to consider the representations, dated 07.10.2022 and 06.09.2022 made by the petitioners requesting to receive the application forms of the petitioners and permit them to appear for the examination pursuant to notification No.13/2022, dated 05.09.2022.
2) The facts, in brief, are that the petitioners are all post graduate students in Masters in Sociology, which is two years course and due to sudden outbreak of Covid-19, the academic year started in the month of October, 2020 and the examination for all the respective semesters were conducted with huge delay. In fact, the final examinations of the said course ought to have been conducted in the month of April, 2022 but whereas the academic years and examinations were extended and scheduled in the month of August, 2022. Due to recent heavy rainfall in Hyderabad, the respondent Universities have postponed their respective examinations by a week or so, as such, the results of the petitioners were delayed and respondent No.4 has not yet released the final result of the examinations 3 conducted for Masters in Sociology. While things stood thus, respondent No.3 issued a General Recruitment Notification No.13 of 2022, dated 05.09.2022 for filling up of (23) vacancies to the post of Child Development Project Officer (CDPO) of Women Development and Child Welfare Department and the age limit is 18 to 44 and the qualification for the said post was mentioned in column No.6 of the notification. In the notification, it was informed that the online application starts from 13.09.2022 and the last date for submission of the online applications is upto 5:00 p.m. on 10.10.2022. It is further stated that on 29.08.2022 and 06.09.2022 some of the petitioners herein, submitted representations to the respondent No.3, requesting to give eligibility for the students, who have completed final semester before the notification on the ground that they will get their results in 30 days. On 07.10.2022, the petitioners herein, have approached respondent Nos.1 and 2 by submitting a representation, dated 07.10.2022, pleaded that as respondent Nos.4 to 6 have not released the final semester results, and their applications may be accepted and allow them to participate in the examination as per the notification. Except giving oral assurances, the respondents herein have not 4 amended or updated the online submissions forms. Therefore, the petitioners have filed the present writ petition.
3) Heard both sides and perused the record.
4) The learned counsel appearing for the petitioners would submit that the date for final submission of the online application form is nearing and the respondents have not acted as per their oral assurances. It is also submitted that in similar circumstances, this Court vide order, dated 08.06.2022 made in W.P.No.24356 of 2022, was pleased to direct respondent No.2 therein to permit the petitioner therein to upload application forms by way of online/offline and participate in the selection process.
5) It has been submitted by the learned Standing Counsel appearing for respondent No.3 that the order of this Court in W.P.No.24356 of 2022 is an ex parte order and he places reliance on the common order, dated 02.05.2018 passed by this Court in W.P.Nos.8008, 8170, 8671, 9870 and 15912 of 2018 and the order, dated 19.07.2022 passed in W.P.No.24006 of 2022. It has also been submitted that since the petitioners are not 5 having requisite qualification as on the date of notification, they cannot be permitted to participate in the selection process.
6) Having regard to the rival contentions, the point that arises for consideration is whether the petitioners are eligible for participating in the selection process of Notification No.13 of 2022, dated 05.09.2022.
7) The qualification for the post of Women and Child Welfare Officer (Including Child Development Project Officer, ICDS, Additional Child Development Project Officer, ICDS and Manager of Warehouse in Women Development and Child Welfare Development, was mentioned in column No.6 of the notification No.13 of 2022. Before proceeding further, it would be appropriate to refer to the said column No.6 of the notification for better adjudication of the case.
6. Educational Qualifications: Applicants must possess the requisite qualifications as detailed below, specified in the relevant Service Rules indented by the Department as on the date of notification.
Sl. Name of the Post Educational qualifications as specified
No. in the Service Rules of the department
1. Women and Child Welfare 1) A Bachelors Degree in Home Science
Officer (Including Child or Social Work or Sociology
Development Project (OR)
Officer, ICDS, Additional 2) B.Sc. (Hons.) Food Science and
Child Development Nutrition
Project Officer, ICDS and (OR)
Manager of Warehouse in 3) B.Sc. Food and Nutrition,
Women Development and Botany/Zoology and Chemistry/Bio-
6
Child Welfare Chemistry
Development (OR)
4) B.Sc. - Applied Nutrition & Public
Health, Botany/Zoology and Chemistry
(OR)
5) B.Sc. - Clinical Nutrition, Botany/
Zoology & Chemistry/ Bio-Chemistry
(OR)
6) B.Sc. - Applied Nutrition, Botany/
Zoology and Chemistry/Bio-Chemistry
(OR)
7) B.Sc. - Food Sciences & Quality
Control, Zoology/Botany & Chemistry/
Bio-Chemistry
(OR)
8) B.Sc. - Food Sciences & Management
Botany/Zoology and Chemistry
(OR)
9) B.Sc. - Food Technology & Nutrition
& Botany/Zoology & Chemistry
(OR)
10) B.Sc. - Food Technology &
Management Botany/Zoology &
Chemistry/Bio-Chemistry
The above qualification shall be from
any University by or under Central Act,
Provincial Act or a State Act or an
Institution recognized by the University Grants Commission.
"Provided that the candidates who possess higher qualification than the prescribed qualification and the candidates with higher qualification without the prescribed qualification shall also be considered for selection along with candidates who have the prescribed qualification only (G.O.Ms.No.19, Dept. for WCD & SC (Estt.A2) Department, dated 14.08.2013)."
8) From the above notification, it is clear that the candidates, who intend to apply for the said post, must possess the requisite qualification as on the date of notification issued by respondent No.3 i.e., 05.09.2022. The online application 7 starts from 13.09.2022 and the last date for submission of the online application was upto 05:00 p.m. on 10.10.2022. Since the petitioners appears to have not possessing requisite educational qualification as on the date of notification, they have made representations on 29.08.2022 and 06.09.2022 to respondent No.3 herein and representation requesting to give eligibility for the students, who have completed final semester before the notification on the ground that they will get their results in 30 days. On 07.10.2022, the petitioners herein have submitted representations, before respondent Nos.1 and 2, requesting to accept their online applications and allow them to participate in the examination as per the notification stating that respondent Nos.4 to 6 have not released the final semester results.
9) In catena of decisions, the Apex Court held that the candidate, who did not possess the requisite qualification on the prescribed date, was ineligible.
10) In P.Phanindra and others v. Telangana State Public Service Commission1 this Court, relying upon the various 1 LAWS (APH) 2018 - 5-8 8 decisions of the Apex Court in Bhupinderpal Singh v. State of Punjab2; M.V.Nair v. Union of India3; Rekha Chaturvedi v. University of Rajasthan4 and Rakesh Kumar Sharma v.State (NCT of Delhi)5, has categorically held as under:-
"19. In the present case, the notification specifically prescribes that the applicants shall possess the requisite qualifications as on the date of notification. Therefore, the candidates who possess the requisite qualification as on the date of notification, alone are eligible and the petitioners, who acquired requisite qualification subsequent to date of notification, cannot be said to be eligible, as such the contention of the counsel for the petitioners in this regard, is rejected."
11) From the above decision, it is clear that the candidate, who acquired qualification subsequent to the date of notification, cannot be considered for selections.
12) Further, in The State of Rajasthan and another v. Anju Rini Saini (Civil Appeal No.872 of 2021 arising out of SLP (C) No.10551 of 2021), the Apex Court while reversing the decisions of the Division Bench as well as the Single Judge of the High Court which had allowed the appointment of the Respondent 2 (2000) 5 SCC 262 3 (1993) 2 SCC 429 4 1993 Supp (3) SCC 168 5 (2013) 11 SCC 58 9 therein to the post of Lower Division Clerk (Vidyalay Sahayak), held as under:-
"136. It is undoubtedly true that Article 136 is a special and extraordinary jurisdiction but that is a far cry from holding when a clear case of respondent not holding the required qualification is made out, the Court can still direct appointment. It will be palpably illegal and unconstitutional. Even with all the sympathy that this Court has undoubtedly for the respondent, however, it cannot result in public employment being made except in terms of the law governing the appointment. It is a clear case where the respondent was not eligible to be considered for appointment. The foundation for directing her to be considered appears to us to be very fragile and insupportable. It is, in fact, the duty of the constitutional Court in such cases to uphold the action of the authorities which are in strict conformity with the rules of the game in question."
13) It is clear from the decision of the Apex Court in The State of Rajasthan and another v. Anju Rini Saini (supra), that a person, who did not possess essential qualification on the last date of application, or till the extended date, was not eligible to be considered.
14) In the instant case also, the notification prescribes that the applicants shall possess the requisite qualification as on the date of notification. Therefore, the applicants, who are having 10 requisite qualification as on the date of notification, are only eligible for participating in the selection process.
15) Following the judgments of the Apex Court as well as this Court referred to above and since the writ petitioners are not having the requisite educational qualification as on the date of issuance of the notification, this Court finds that the petitioners are not eligible for participation in the impugned selection process. There are no merits in the writ petition and the same is liable to be dismissed.
16) Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous application, if any pending, shall stand closed.
______________________ N.V.SHRAVAN KUMAR, J 16.11.2022 gkv 11 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 38050 of 2022 Date: 16.11.2022