THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.16603 of 2019
ORDER:
This writ petition is filed seeking to declare the action of respondents in not calling the petitioners, who are the next meritorious candidates, for the Pole Climbing Test by operating the merit list downwards pursuant to the notification, dated 16.02.2018 and in not considering the case of petitioners for appointment as Junior Linemen against leftover vacancies based on their merit, as illegal and arbitrary and sought for consequential directions directing the respondents to issue call letters to the petitioners for Pole Climbing Test by operating the merit list downwards.
2. I have heard the submissions of Sri Prabhakar Chikkudu, Learned Counsel for the petitioners and Sri Zakir Ali Danish, learned Standing Counsel appearing for respondents and perused the record.
3. The 1st respondent has issued Notification No.1 of 2018, dated 16.02.2018 for filling up 2553 vacancies of Junior Lineman. Petitioners, who belong to various communities, have applied for the said post. As they did not receive call letters for Pole Climbing Test, they enquired with the respondents and came to know that they stood next meritorious to the candidates who were called for the Pole Climbing Test. Their case is that out of 2553 vacancies notified, only 2 JS, J W.P.No.16603 of 2019 2325 vacancies are filled up and 228 vacancies still exist. The petitioners seek directions for consideration of the cases of next meritorious candidates for filling up those 228 vacancies by operating the merit list downwards.
4. Respondents have contended that the petitioners were not qualified for the Pole Climbing Test, therefore their cases were not considered for appointment. It is stated that originally out of 2553 vacancies, they filled up 2300 vacancies and kept 253 posts vacant. Thereafter, when some other candidates approached this Court in a batch of writ petitions in W.P.No.3772 of 2019 and batch, pursuant to the directions of this Court in the said writ petitions, 25 vacancies were filled up and now there exist 228 vacancies and those vacancies will be carried forward for the next notification. It is contended that since the petitioners have not come up in the zone of selection, their cases cannot be considered and prayed for dismissal of the writ petition.
5. The grievance of the petitioners is that when a notification is issued for filling up certain number of vacancies, the respondents are bound to fill up those vacancies in order of merit and they cannot carry forward those vacancies to the next notification which causes injustice to the next meritorious candidates. Accordingly, he seeks to direct the respondents to operate the merit list downwards and 3 JS, J W.P.No.16603 of 2019 consider the cases of the next meritorious candidates. In this connection, he has relied on the judgment in the Telangana State Level Police Recruitment Board & Another Vs. Narimetla Vamshi & Others 1, wherein, the Hon'ble Supreme Court held as under;
"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."
The principle enunciated in the aforesaid judgment is applicable to the facts of the present case, as in this case also, the respondents have kept 228 vacancies unfilled.
6. Though the learned Standing Counsel has relied on the judgment of the then High Court of Andhra Pradesh in State of Andhra Pradesh Vs. K.Dhanraj and others in W.P.No.5769 of 2012 and batch, dated 19.04.2012, the said judgment cannot be 1 Civil Appeal No(s).4735 of 2022 4 JS, J W.P.No.16603 of 2019 applied to the facts of the present case, in view of the law laid down by the Hon'ble Supreme Court in the case of Telangana State Level Police Recruitment Board (supra).
7. Though the learned counsel for petitioners has relied on some other judgments, the same need not be considered since they relate to the aspects of arbitrariness and discrimination and in the present case, there are no such aspects and the case on hand relates to keeping certain vacancies unfilled without considering the cases of the next meritorious candidates.
8. For the aforesaid reasons, this writ petition is allowed directing the respondents to issue call letters for Pole Climbing Test by operating the merit list downwards based on their merit in the written test held on 08.04.2018 and as per the eligibility criteria in the notification in accordance with law for considering their cases for appointment to the post of Junior Lineman within three (03) months from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.
_________________ JUVVADI SRIDEVI, J Date:19.10.2023 Ksk