THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.46818 OF 2022
ORDER
In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the inaction of the 2nd respondent on the representation made by the petitioner dt.10.01.2022 to consider his candidature for the vacant post of Stipendiary Cadet Trainee (SCT) Sub Inspector of Police (Civil) under Police Executive (PE) under SC category which was the result of the cancellation of provisional selection of one candidate in the same category due to pending criminal cases against him, as bad, unjust, illegal, arbitrary and discriminatory and consequently to direct the 2nd respondent to consider his candidature and to pass such orders as this Court may deem fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of the present Writ Petition are that the respondents have issued a Notification vide RC.No.89/ Rect./Admin-1/2018 dt.31.05.2018 for recruitment of SCT SIP (Civil). The petitioner participated in the same and qualified in all phases of selection process including physical efficiency test and appeared for W.P.No.46818 of 2022 2 final written examination and secured 228 marks. Thus, the petitioner was selected for the post of SCT RSI in the 2018 Notification. The petitioner had given preference in the following order:
(1) Post Code 11 - SCT SI (Civil) (2) Post Code 12 - SCT RSI (AR) (3) Post Code 14 - SCT RSI (TSSP) The petitioner was sent for training as SCT RSI (AR) which started on 24.01.2020.
3. Learned counsel for the petitioner submitted that the cut-off mark for ST Police Executive (PE) candidates for the post of SCT Sub- Inspector of Police (Civil) is 229 and the petitioner had secured 228 marks and therefore, he lost the opportunity by one mark and he is the next candidate to be selected in PE category. It is submitted that while the petitioner was in the training of Reserved Sub-Inspector of Police (AR) in the month of July, 2020, he came to know that the candidate who was selected for the post of Sub Inspector of Police (Civil) was not considered due to criminal cases pending against him. Therefore, the petitioner made a representation dt.10.01.2022 to consider his W.P.No.46818 of 2022 3 candidature against the post of SCT S.I. (Civil) as he is the next eligible candidate. The learned counsel for the petitioner submitted that the respondents have not passed any orders on the representation of the petitioner.
4. The learned counsel for the petitioner submitted that the Hon'ble Supreme Court in the case of The Telangana State Level Police Recruitment Board and another Vs. Narimetla Vamshi and others 1 has considered that a large number of candidates do not join the posts after the selection process is concluded and those posts are not filled by persons who had participated in the selection process, but the resultant vacancies would be carried forward to the next selection process, and observed that the public employment is an important source of employability for the young people in the country and has reaffirmed the findings of the Hon'ble Supreme Court in the case of Munja Praveen and others Vs. State of Telangana and others 2 that the fall out vacancies, if any, due to relinquishment or non-joining, cannot be filled in on the basis of waiting list or by operating the merit list downward. After considering the said judgment, the Hon'ble Supreme Court has 1 Civil Appeal No(s).4735/2022 dt.23.11.2022 2 (2017) 14 SCC 797 W.P.No.46818 of 2022 4 held that if a candidate has not gone through the process of recruitment, he has not done what was required to be done by him, it cannot be construed as a vacancy arising which has to be carried forward to the next recruitment process and as to the consequences of the large number of vacancies which remained on these different counts, the process of recruitment is not frustrated by non-filling up of the vacancies.
5. The learned counsel for the petitioner has also placed reliance upon the decision of the Hon'ble Supreme Court in the case of K. Ashok Vs. The State of Telangana and others 3, wherein after considering the decision in the case of Munja Praveen and others Vs. State of Telangana and others (2 supra), the Hon'ble Supreme Court has held that the appellant therein is entitled for the post of Sub- Inspector of Police (Civil) and necessary orders were directed to be passed forthwith to facilitate the appellant to join the training for the said post as the training is scheduled for 23.01.2023 and the order is dated 09.01.2023.
6. Learned Special Government Pleader for Home, however, submitted that the vacancy, which the petitioner is seeking consideration 3 Civil Appeal No.209/2023 dt.09.01.2023 W.P.No.46818 of 2022 5 for, is a vacancy which has to be carried forward and cannot be filled up by the next below candidate. He submitted that the Hon'ble Supreme Court in the case of Vallampati Sathish Babu Vs. State of Andhra Pradesh and others 4 has held that there is no provision for preparation of a waiting list as it is not permissible as per Sub-Rule (5) of Rule 16 of the Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012 therein and therefore, the appellant therein cannot claim appointment in the unfilled vacancy being the next below candidate in the merit list. He has also placed reliance upon the decision of the Hon'ble Supreme Court in the case of Narimetla Vamshi and others Vs. V.V. Srinivasa Rao 5, wherein it was held that the decision of the Hon'ble Supreme in the case of The Telangana State Level Police Recruitment Board and another Vs. Narimetla Vamshi and others (1 supra) is applicable only to those people who approached the Court and not to those people who did not approach in time. He has also placed reliance upon the decision of the Hon'ble Supreme Court in the case of State of Uttar Pradesh Vs. Karunesh 4 2022 SCC OnLine SC 470 5 Contempt Petition (Civil) No.728/2023 in Civil Appeal No.4735/2022 dt.17.05.2023 W.P.No.46818 of 2022 6 Kumar and others 6 for the proposition that where there is no provision for preparing a waiting list, then the next meritorious candidates in the fall out vacancies cannot be appointed.
7. Having regard to the rival contentions and the material on record, this Court finds that the recruitment process gets completed as soon as the provisional selection list is published and such candidates are sent for training. The petitioner was sent for training on 24.01.2020, whereas the last candidate under ST PE Civil who got 229 marks, i.e., N.Sudhakar, was found to have been involved in criminal cases and therefore, his provisional selection was cancelled vide orders dt.31.07.2021. As submitted by the learned Special Government Pleader for Home, there is no provision for maintaining a waiting list as per G.O.Ms.No.544, General Administration (Ser.A) Department, dt.04.12.1998, wherein it is mentioned that maintenance and operation of waiting list for all the recruitments shall be dispensed with and the list of candidates approved/selected in any recruitment by any recruiting agency in the State in any department for such posts shall be equal to the number of vacancies notified for that recruitment only including those 6 2022 SCC OnLine SC 1706 W.P.No.46818 of 2022 7 meant for reserved community/category notified by the Unit Officers. The fall out vacancies, if any, due to relinquishment and non-joining, etc., of selected candidates shall be notified in the next recruitment. Further as per Rule 15 of the Telangana SCT Rules issued vide G.O.Ms.No.14, Home (Legal) Department, dt.08.04.2022, there shall be no waiting list for any of the recruitment process conducted by TSLPRB and the fall out vacancies, if any, due to cancellation of provisional selection for any reasons including adverse antecedents, lack of medical fitness, relinquishment by the candidates and non-joining of the Induction Training as per designated procedure etc., of the provisionally selected candidates shall be deemed to lapse for that recruitment. The petitioner has not challenged the Telangana SCT Rules nor G.O.Ms.No.544, General Administration (Ser.A) Department, dt.04.12.1998. Therefore, in the absence of any provision, the request of the petitioner cannot be entertained.
8. In view of the same, the representation of the petitioner for consideration of his candidature for appointment against the Stipendiary Cadet Trainee (SCT) Sub Inspector of Police (Civil) under Police Executive (PE) in SC category which has fallen vacant due to the W.P.No.46818 of 2022 8 cancellation of the provisional selection of a meritorious candidate than the petitioner cannot be considered.
9. The Writ Petition is accordingly dismissed. No order as to costs.
10. Miscellaneous petitions pending, if any, in this Writ Petition shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 13.09.2023 Svv