Telangana High Court
P. Sanjeev Kumar vs The Director Of Medical Education ... on 13 September, 2021
Bench: B.Vijaysen Reddy
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.21926 of 2021
ORDER:
The petitioner is aggrieved by the action of the respondents in
not disposing of his objections dated 20.02.2021 as well as
22.04.2021 in pursuance of the proceedings No.142/E2/OMC
/2021/200 dated 19.02.2021 issued by the respondent No.2 and
seeking to appoint the unofficial respondents by transfer to the post of
Assistant Librarian as illegal, arbitrary and unconstitutional.
A consequential direction is sought to forthwith dispose of the said
objections before completing appointment to the post of Assistant
Librarian by transfer in pursuance of the proceedings dated
19.02.2021.
2. It is the case of the petitioner that he possessed MCA, MA and
MLIC qualification; he is eligible and qualified for appointment by
transfer to the post of Assistant Librarian, whereas the unofficial
respondents are not eligible for the said post. Amongst private
respondent Nos.4 and 5, the certificate possessed by one of the
respondents is not recognized by the competent authority and in case
of another respondent, he obtained certificate without obtaining prior
permission for admission, thus, both the respondents No.4 and 5 are
not eligible and entitled to be considered for appointment by transfer
to the post of Assistant Librarian, though they are seniors to the
petitioner. On coming to know about the vacancies in the cadre of
Assistant Librarian in the office of the respondent No.2, the petitioner
submitted representations on 24.05.2019, 05.12.2019 and
05.02.2021, requesting the respondent No.2 to consider his case for
appointment by transfer to the post of Assistant Librarian by sending
proposals to the respondent No.1, who is the competent authority for
effecting such appointments.
3. The respondent No.2 issued Circular dated 09.02.2021 inviting
applications from eligible candidates for appointment to the post of
Assistant Librarian and accordingly, the petitioner submitted his
application and willingness to get appointment by transfer as Assistant
Librarian by submitting representation dated 10.02.2021 to the
respondent No.2 followed by another representation dated
12.02.2021. The proceedings dated 19.02.2021 were issued by the
respondent No.2 calling for objections within three days from the date
of receipt of the notice. The respondent No.2 received applications
from the petitioner and the respondent Nos.4 and 5 wherein the name
of the petitioner was placed at Rank No.3 whereas the respondents
No.4 and 5 were placed at Rank Nos.1 and 2. By relying on a
judgment of the Allahabad High Court and various circulars issued by
the State Government, the petitioner submitted a representation dated
20.02.2021 contending that the respondents No.4 and 5 are not
eligible for appointment by transfer to the subject post. Earlier the
petitioner filed WP.No.8260 of 2021 and the same was disposed of
directing the respondents therein to complete selection process for the
subject post within a period of four (4) weeks from the date of receipt
of the copy of the said order.
4. Heard the counsel for the petitioner and the learned Assistant
Government Pleader for the respondents.
5. The apprehension of the petitioner is that without disposing of
his objections, the official respondents are finalizing the appointment
by transfer to the post of Assistant Librarian.
6. In the light of the above facts and circumstances, this Court
deems it appropriate to direct the respondent Nos.1 to 3 to dispose of
the objections dated 20.02.2021 and 22.04.2021 within a period of
two (2) weeks from the date of receipt of a copy of this order before
effecting appointment to the post of Assistant Librarian. However, it is
made clear that the respondents No.4 and 5 shall be put on notice in
case any adverse order is proposed to be passed against them.
Accordingly, the writ petition is disposed of. Pending
miscellaneous petitions, if any, shall stand closed. There shall be no
order as to costs.
__________________
B. VIJAYSEN REDDY, J
September 13, 2021
DSK
