Telangana High Court
Gaddam Adi Reddy vs The State Of Telangana on 5 July, 2024
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 18281 of 2020
ORDER:
In this writ petition the petitioner seeking a writ of mandamus declaring the action of the respondent No.4 in not issuing the appointment orders to the petitioner to the post of Secondary Grade Teacher on par with the candidates who were appointed pursuant to the Revised Selection List of DSC-1998, dated 07.08.2018, as illegal, arbitrary, unjust and unconstitutional and consequently to declare that the petitioner is entitled to be appointed as Secondary Grade Teacher on par with DSC-1998 candidates and to grant such relief or reliefs and to pass such other order or orders in the interest of justice.
2. Brief facts of the case are that the petitioner, being eligible for the post of Secondary Grade Teacher (SGT), has participated in the recruitment process pursuant to DSC-1998 notification dated 07.08.2018. It is submitted that the selection was to be made by way of written examination followed by oral interview. According to the rules, 85 marks were to be allotted for written examination and 15 marks to the oral interview and one must possess a minimum of 50 marks out of 85 marks to 2 TMD,J W.P.No. 18281 of 2020 become eligible for interview in open category and in so far as SC/ST and BC candidates are concerned, the qualifying marks were 40 and 45 marks respectively. It is submitted that the petitioner was secured 51.5 marks in the written examination and was called for interview vide Hall Ticket No.20106538 and in the interview, the petitioner secured 10 marks and belonged to OC category (though qualified), was not appointed, whereas the candidates who secured lesser marks than the petitioner, were given appointment orders. Challenging the same, the petitioner along with some other candidates, have filed O.A.No.9665/2011 and the said O.A., was allowed in terms of the orders passed in O.A.No.355/2016 and batch directing the respondents to prepare a revised selection list on the basis of the criteria in G.O.Ms.No.618, dated 18.05.1998 and issue appointment orders to those candidates who were selected in the revised selection list of Secondary Grade Teachers. It is submitted that G.O.Ms.No.618, dated 18.05.1998 was issued relaxing the qualifying marks by 5 marks in respect of all categories. When the orders were not complied with, the Contempt application was filed before the Tribunal and due to abolition of the Tribunal, all the cases were forwarded to the High Court and re-numbered as C.C.(Tr).No.2/2017 and batch. 3
TMD,J W.P.No. 18281 of 2020 It is submitted that when the respondent authorities appointed the candidates who secured lesser marks than the petitioner, he approached this Court by filing W.P.No.19261/2018 and during the pendency of the same, the respondents authorities have submitted a revised selection list of DSC-1998 in Karimnagar District, dated 07.08.2018 and in the revised selection list of DSC-1998, the petitioner's name was shown at Serial No.1540, with DSC rank of 777. However, the candidature of the petitioner was ignored and several others were given appointment orders. Therefore, the petitioner filed the present writ petition i.e., W.P.No.18281 of 2020.
3. It is further submitted that in the Special Leave Petition filed by the candidates who participated in the DSC- 1998, the Chief Secretary, Government of Telangana, has filed an affidavit stating that the Government will look into the matter of selection and appointments of the candidates having lesser marks than the petitioners and if on verification it is found that the persons with lesser marks than the petitioners have been selected and appointed, due accommodation will be given to the petitioners in terms of the orders of the High Court. It is submitted that the affidavit of the Chief Secretary filed 4 TMD,J W.P.No. 18281 of 2020 before the Hon'ble Supreme Court has also been referred to by the Division Bench of this Court in C.A.Nos.19/2019 and batch and it has been held that there has been substantial compliance on the part of the appellants and there was no attempt by them at any point of time to willfully disobey the orders passed by the Tribunal or by the High Court or by the Hon'ble Supreme Court. It is submitted that the respondents have issued a letter No.84/A5/2023, dated 06.04.2023 stating that since the petitioner has not filed the Contempt Case before the High Court though his name was found at Serial No.1540 with rank 777, with 61.5 marks of Ex-Servicemen, General quota, his name was not considered.
4. Learned counsel for the petitioner has filed an additional affidavit along with the copy of the order of Tribunal in O.A.No.355/2006, O.A.Nos.144/2006, 2912/2006 and batch and also the copy of the order in O.A.No.9665/2011 wherein the writ petitioner herein was arrayed as the Petitioner No.2 therein. It is therefore submitted that the orders passed by the Tribunal and the judgments rendered by the High Court and also the Hon'ble Supreme Court are applicable to the petitioner herein 5 TMD,J W.P.No. 18281 of 2020 and the petitioner ought to have been considered for appointment in view of his merit in the written examination.
5. Learned Government Pleader appearing for the respondents, has filed a counter affidavit denying the allegations made by the petitioner. He submitted that W.P.No.19261/2018 filed by the petitioner for the very same relief and has been withdrawn by the petitioner without seeking any liberty and hence this writ petition is barred by the principle of Res Judicata.
6. Having regard to rival contentions and the material on record, this Court finds that this writ petition was filed even before withdrawal of W.P.No.19261/2018 on 02.11.2022 and therefore, the principle of Res Judicata would not apply to this case. This Court finds that the petitioner has approached the Tribunal by filing O.A.No.9665/2011 and the said O.A., was disposed of by directing the official respondents to prepare a revised selection list on the basis of the criteria in G.O.Ms.No.618, dated 18.05.1998 wherein 5 marks relaxation was given to all the candidates and to issue appointment orders to those candidates who were selected in the revised selection list of Secondary Grade Teachers. Therefore, the petitioner is 6 TMD,J W.P.No. 18281 of 2020 also entitled to the relief of provisional selection according to his merit.
7. In view of the same, this Court deems it fit and proper to direct the respondents to implement the directions of this Court and also the undertaking given by the State Government before the Hon'ble Supreme Court and to consider issuing appointment orders to the petitioner if he has secured more marks than the candidates who have been appointed pursuant to the DSC-1998 notification and in terms of G.O.Ms.No.618, dated 18.05.1998 issued in Karimnagar District.
8. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
9. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
____________________________ JUSTICE T.MADHAVI DEVI Date: 05.07.2024 bak