Telangana High Court
Mohanlal Sabavat vs The Regional Director And 4 Others on 16 February, 2021
Bench: Hima Kohli, B.Vijaysen Reddy
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.621 OF 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated 13.03.2019,
passed by the learned Single Judge dismissing W.P.No.18193 of 2017 wherein, a
grievance was raised against the manner in which the respondent No.2/Director
of Public Health and Family Welfare had prepared the merit list of candidates for
appointment to the post of Radiographer, on a plea that the marks obtained in the
Technical Qualification, i.e., Certificate in Radiographic Assistant Course (in
short, CRA) had been erroneously ignored and G.O.Ms.No.214 dated 08.05.2001
had been wrongly applied to technical posts by ignoring G.O.Ms.No.400 dated
23.03.2010 and G.O.Ms.No.287 dated 19.10.2010.
2. A glance at the brief facts of the case is necessary. The respondent No.1,
Regional Director, Medical and Health Services, (Zone-V), Warangal, issued a
recruitment Notification on 11.06.2014, to fill up one backlog vacancy for the
post of Radiographer in Zone-V, Warangal, meant for local Scheduled Tribe
candidates. The Service Rules for the post of Radiographer, namely Andhra
Pradesh Medical Subordinate Service Rules laid down the following
qualifications for the post of a Radiographer -
"(1) Pass in CRA examination,
(2) Provided that preference shall be given to a candidate who in
addition, possesses a degree of B.Sc., M.Sc., M.A., B.Sc. (Hons) or B.A.
(Hons) of any recognised University with Physics as main subject.
W.A.No.621 of 2019 Page 1 of 5
The Government vide G.O.Ms.No.1547, dated 23.12.2000 issued a further
clarification that the qualification for filling up of the subject post was
Intermediate (Academic Qualification) and CRA (Technical Qualification).
3. In response to the aforesaid Notification for filling up of one backlog ST
vacancy in the category of Radiographer, eighteen candidates applied and out of
them, ten candidates including the petitioner herein qualified. It is not in dispute
that none of the short listed candidates possessed a degree in
B.Sc.,/M.Sc.,/M.A.,/B.Sc (Hon) from any recognised University with Physics as
one of the subjects. On 29.05.2017 a merit list was prepared in terms of the
marks obtained by the short listed candidates in the qualifying academic
examination and a merit list was prepared. In the said merit list, the petitioner
was placed at Sl.No.4, while the respondent No.5 was placed at Sl.No.1.
4. The grievance of the petitioner is that the respondent No.2 has erred in
preparing the merit list by taking into consideration the merit in the Academic
Qualification, i.e., Intermediate without taking into account the merit obtained in
the CRA course. Claiming that the marks obtained in the CRA course was
essential for the post of Radiographer and the respondents had ignored the said
marks while preparing the merit list, the appellant/writ petitioner sought
directions to the respondents No.1 to 4 to re-do the entire exercise by preparing
the revised merit list and considering his candidature to the subject post.
5. It was argued by the learned Government Pleader for Services-II on behalf
of the respondents No.1 to 4/State that the merit list was prepared strictly in
terms of the Rules and the petitioner could not be given any preference over
other candidates in view of the additional qualifications of B.Sc., and M.Sc., as
Physics was not the main subject in the said courses and therefore,
G.O.Ms.No.565, dated 27.08.1979 had no application to the facts of the case. It
was asserted that the merit list was prepared in terms of G.O.Ms.No.214, dated
W.A.No.621 of 2019 Page 2 of 5
08.05.2001 issued for recruitment of backlog vacancies and the said G.O., is an
Ad-hoc Rule framed in exercise of the proviso to Article 309 of the Constitution
of India. Therefore, the respondent No.2 had not committed any illegality in
preparing the merit list.
6. After considering the submissions made by both sides, the learned Single
Judge has upheld the stand taken by the respondents No.1 to 4 that
G.O.Ms.No.214, dated 08.05.2001 had rightly been applied for preparing the
merit list and as per the said G.O., the marks obtained in the qualifying academic
examination alone were to be taken into consideration while preparing the merit
list. Aggrieved by the aforesaid order, the present appeal has been preferred.
7. The sole plea taken by Mr. P.V.Ramana, learned counsel for the appellant
before us is that G.O.Ms.No.214, dated 08.05.2001 was issued for a limited
purpose of filling up backlog vacancies within a period of two months reckoned
from the date of its issuance and it could not be applied to the instant case.
8. We have heard learned counsel for the parties and examined the record.
9. For the purpose of ready reference, G.O.Ms.No.214, dated 08.05.2001, is
extracted as under:-
"GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Filling up of Backlog Vacancies of Scheduled Castes and Scheduled Tribes -
Waiving of written examinations and interview (Oral Tests) for Limited
Recruitment to be conducted by various Recruiting Agencies - Orders - Issued.
GENERAL ADMINISTRATION (SER.A) DEPARTMENT
G.O.Ms.No.214 Dated 08.05.2001
Read the following:
Memo No.5807/ROR 2/2001-1, S.W. (ROR 2) Dept., dated 18.04.2001
ORDER:
Government have decided to fill up all the back-log vacancies of
Scheduled Castes and Scheduled Tribes. It has also been decided to waive the
written examinations including interviews (Oral Tests) for the Limited
Recruitment to be conducted by all Recruiting Agencies except the Andhra
Pradesh Public Service Commission and the selections shall be made only on
the basis of marks obtained in the qualifying academic examinations passed by
the candidates.
2. Accordingly, the following notification will be published in the Andhra
Pradesh Gazette:
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and all other powers hereunto enabling, the Governor of
Andhra Pradesh hereby makes the following Ad-hoc Rule, namely:
AD-HOC RULE
Notwithstanding anything contained in the Andhra Pradesh State and
Subordinate Service Rules, 1996 and Special Rules or Ad-hoc Rules and any
other Rules governing the method of recruitment procedure adopted by various
Recruiting Agencies for various categories of posts by Direct Recruitment, the
method of selection by written examination and interview (Oral Tests) for
appointment by Direct Recruitment for filling up of back-log vacancies for
Scheduled Castes and Scheduled Tribes in all categories of posts, be relaxed
and that the selection for such Limited Recruitment of Scheduled Castes and
Scheduled Tribes be made on the basis of marks obtained in the qualifying
academic examination by waiving written examinations and interviews (Oral
Tests) to fill up the back-log vacancies and the vacancies shall be filled within
two months.
Provided that the Ad-hoc Rule shall not be applicable for the selection
procedure adopted for the posts under the purview of the Andhra Pradesh
Public Service Commission.
(By Order and in the name of the Governor of Andhra Pradesh)
P.V.RAO
Chief Secretary to Government"
10. As is apparent on a perusal of the aforesaid G.O., the same was issued by
the Government with the object of filing up of backlog vacancies of Schedule
Castes and Schedule Tribes and with that in mind, it was decided that written
examinations including interviews would be waived for Limited Recruitment and
the selection would be conducted on the basis of the marks obtained in the
qualifying academic examination alone possessed by the candidates. The said
G.O. contains a non obstante clause, which in clear terms states that it will
override anything contained in the Andhra Pradesh State and Subordinate Service
Rules, 1996 and Special Rules or Ad-hoc Rules and any other Rules governing
the method of recruitment procedure adopted by various Recruiting Agencies for
various categories of posts by Direct Recruitment, including dispensing with
written examination and interviews and that the selection for such Limited
Recruitment of Scheduled Caste and Scheduled Tribe candidates shall be made
on the basis of marks obtained in the qualifying academic examination alone.
11. Learned Government Pleader for the respondents No.1 to 4 has pointed
out that the aforesaid G.O.Ms.No.214, dated 08.05.2001, has been extended from
time to time for filling up backlog vacancies, vide G.O.Ms.822 dated 02.12.2013
and the same was in operation when the merit list was drawn in the instant case.
12. In view of the aforesaid factual position, we do not see any error in the
view taken by the learned Single Judge that the respondent No.2 has correctly
prepared the merit list by taking into consideration the marks obtained by
candidates in the Intermediate Examination and the procedure adopted in that
regard is in consonance with G.O.Ms.No.214, dated 08.05.2001. The plea of the
learned counsel for the appellant/writ petitioner that the marks obtained by the
appellant/writ petitioner in the Technical Qualification ought to have been taken
into account for the purpose of preparing the merit list is found to be devoid of
merits in the light of the Ad-hoc Rule framed by the Government for filling up of
backlog vacancies of Scheduled Caste and Schedule Tribe categories.
13. As a result, the impugned order dated 13.03.2019 is upheld and the
present Appeal is dismissed as merit less, along with the pending applications, if
any.
_________________
HIMA KOHLI, CJ
______________________
B. VIJAYSEN REDDY, J
16.02.2021
PLN
