Telangana High Court

S. Swetha vs The State Of Telangana on 16 November, 2022

Bench: N.V.Shravan Kumar

         HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT PETITION No. 38049 of 2022
ORDER:

The present writ petition is filed seeking issuance of writ

of mandamus to declare, the action of respondent No.3 in

issuing General Recruitment Notification No.11/2022, dated

27.08.2022 knowing fully well that such issuance of notification

will deny the petitioners and similarly placed persons as degree

certificates or results cannot be obtained/produced as on the

date of the said notification; the action of respondent No.3 in

not receiving/accepting the application forms of the petitioners

herein through online via website www.tspsc.gov.in for

participation in the examination (objective type) for the post of

Extension Officer (EO) in furtherance to the General

Recruitment Notification No.11/2022, dated 27.08.2022 issued

by respondent No.3; the action of respondent Nos.1 and 2 in not

considering the representations, dated 07.10.2022 made by the

petitioners requesting to receive online application forms; and

the action of respondent No.3 in not considering the

representations, dated 06.09.2022 made by the petitioners

requesting to receive the application forms of the petitioners

and permit them to appear for the examination pursuant to

notification No.11/2022, dated 05.09.2022, as illegal and

arbitrary and consequently, direct respondent No.3 to consider

the representations, dated 07.10.2022 and 06.09.2022 made by

the petitioners requesting to receive the application forms of

the petitioners and permit them to appear for the examination

pursuant to notification No.11/2022, dated 27.08.2022.

2) The facts, in brief, are that the petitioners are all post

graduate students in Masters in Sociology, which is two years

course and due to sudden outbreak of Covid-19, the academic

year started in the month of October, 2020 and the examination

for all the respective semesters were conducted with huge

delay. In fact, the final examinations of the said course ought

to have been conducted in the month of April, 2022 but whereas

the academic years and examinations were extended and

scheduled in the month of August, 2022. Due to recent heavy

rainfall in Hyderabad, the respondent Universities have

postponed their respective examinations by a week or so, as

such, the results of the petitioners were delayed and respondent

No.4 has not yet released the final result of the examinations

conducted for Masters in Sociology. While things stood thus,

respondent No.3 issued a General Recruitment Notification

No.11 of 2022, dated 27.08.2022 for filling up of (181) vacancies

to the post of Extension Officer (Supervisor) Grade-I in Women

Development and Child Welfare Department and the age limit is

18 to 44 and the qualification for the said post was mentioned in

column No.6 of the notification. In the notification, it was

informed that the online application starts from 08.09.2022 and

the last date for submission of the online applications is upto

5:00 p.m. on 29.09.2022. It is further stated that on 29.08.2022

petitioner No.11 herein, submitted a representation to the

respondent No.3, requesting to give eligibility for the students,

who have completed final semester before the notification on

the ground that they will get their results in 30 days. On

07.10.2022, the petitioners herein, have approached respondent

Nos.1 and 2 by submitting a representation, dated 07.10.2022,

pleaded that as respondent Nos.4 to 6 have not released the

final semester results, and their applications may be accepted

and allow them to participate in the examination as per the

notification. Except giving oral assurances, the respondents

herein have not amended or updated the online submissions

forms. Therefore, the petitioners have filed the present writ

petition.

3) Heard both sides and perused the record.

4) The learned counsel appearing for the petitioners would

submit that the date for final submission of the online

application form is nearing and the respondents have not acted

as per their oral assurances. It is also submitted that in similar

circumstances, this Court vide order, dated 08.06.2022 made in

W.P.No.24356 of 2022, was pleased to direct respondent No.2

therein to permit the petitioner therein to upload application

forms by way of online/offline and participate in the selection

process.

5) It has been submitted by the learned Standing Counsel

appearing for respondent No.3 that the order of this Court in

W.P.No.24356 of 2022 is an ex parte order and he places

reliance on the common order, dated 02.05.2018 passed by this

Court in W.P.Nos.8008, 8170, 8671, 9870 and 15912 of 2018 and

the order, dated 19.07.2022 passed in W.P.No.24006 of 2022. It

has also been submitted that since the petitioners are not

having requisite qualification as on the date of notification, they

cannot be permitted to participate in the selection process.

6) Having regard to the rival contentions, the point that

arises for consideration is whether the petitioners are eligible

for participating in the selection process of Notification No.11 of

2022, dated 27.08.2022.

7) The qualification for the post of Extension Officer

(Supervisor) Grade-I in Women Development and Child Welfare

Department, was mentioned in column No.6 of the notification

No.11 of 2022. Before proceeding further, it would be

appropriate to refer to the said column No.6 of the notification

for better adjudication of the case.

6. Educational Qualifications: Applicants must possess the requisite qualifications as detailed below, specified in the relevant Service Rules indented by the Department as on the date of notification.

      Sl.    Name of the Post               Educational qualifications as specified
      No.                                   in the Service Rules of the department
      1.     Extension        Officer       1) A Bachelors Degree in Home
             (Supervisor) Grade-I in        Science/Bachelor's degree in social
             Women Development and          work
             Child           Welfare                           (OR)
             Department                     2) Degree in Sociology
                                                               (OR)
                                            3) B.Sc. (Hons) - Food Science &
                                            Nutrition
                                                               (OR)
                                            4) B.Sc. - Food and Nutrition,
                                            Botany/Zoology and Chemistry/Bio-
                                            Chemistry
                                                               (OR)
                                            5) B.Sc. - Applied Nutrition & Public





                                   Health, Botany/Zoology and Chemistry
                                                       (OR)

6) B.Sc. - Clinical Nutrition, Dietetics, Botany/ Zoology & Chemistry (OR)

7) B.Sc. - Applied Nutrition, Botany/ Zoology and Chemistry/Bio-Chemistry (OR)

8) B.Sc. - Food Sciences & Quality Control, Zoology/Botany & Chemistry/ Bio-Chemistry (OR)

9) B.Sc. - Food Sciences & Management Botany/Zoology and Chemistry/ Biological Chemistry (OR)

10) B.Sc. - Food Technology & Nutrition, Botany/Zoology & Chemistry (OR)

11) B.Sc. - Food Technology & Management, Botany/Zoology & Chemistry/Bio-Chemistry

8) From the above notification, it is clear that the

candidates, who intend to apply for the said post, must possess

the requisite qualification as on the date of notification issued

by respondent No.3 i.e., 27.08.2022. The online application

starts from 08.09.2022 and the last date for submission of the

online application was upto 05:00 p.m. on 29.09.2022. Since

the petitioners appears to have not possessing requisite

educational qualification as on the date of notification, they

have made representation on 29.08.2022 to respondent No.3

herein and representation requesting to give eligibility for the

students, who have completed final semester before the

notification on the ground that they will get their results in 30

days. On 07.10.2022, the petitioners herein have submitted

representations, before respondent Nos.1 and 2, requesting to

accept their online applications and allow them to participate in

the examination as per the notification stating that respondent

Nos.4 to 6 have not released the final semester results.

9) In catena of decisions, the Apex Court held that the

candidate, who did not possess the requisite qualification on the

prescribed date, was ineligible.

10) In P.Phanindra and others v. Telangana State Public

Service Commission1 this Court, relying upon the various

decisions of the Apex Court in Bhupinderpal Singh v. State of

Punjab2; M.V.Nair v. Union of India3; Rekha Chaturvedi v.

University of Rajasthan4 and Rakesh Kumar Sharma v.State

(NCT of Delhi)5, has categorically held as under:-

"19. In the present case, the notification specifically prescribes that the applicants shall possess the requisite qualifications as on the date of notification. Therefore, the

LAWS (APH) 2018 - 5-8

(2000) 5 SCC 262

(1993) 2 SCC 429

1993 Supp (3) SCC 168

(2013) 11 SCC 58

candidates who possess the requisite qualification as on the date of notification, alone are eligible and the petitioners, who acquired requisite qualification subsequent to date of notification, cannot be said to be eligible, as such the contention of the counsel for the petitioners in this regard, is rejected."

11) From the above decision, it is clear that the candidate,

who acquired qualification subsequent to the date of

notification, cannot be considered for selections.

12) Further, in The State of Rajasthan and another v. Anju

Rini Saini (Civil Appeal No.872 of 2021 arising out of SLP (C)

No.10551 of 2021), the Apex Court while reversing the decisions

of the Division Bench as well as the Single Judge of the High

Court which had allowed the appointment of the Respondent

therein to the post of Lower Division Clerk (Vidyalay Sahayak),

held as under:-

"136. It is undoubtedly true that Article 136 is a special and extraordinary jurisdiction but that is a far cry from holding when a clear case of respondent not holding the required qualification is made out, the Court can still direct appointment. It will be palpably illegal and unconstitutional. Even with all the sympathy that this Court has undoubtedly for the respondent, however, it cannot result in public employment being made except in terms of the law governing the appointment. It is a clear case where the respondent was

not eligible to be considered for appointment. The foundation for directing her to be considered appears to us to be very fragile and insupportable. It is, in fact, the duty of the constitutional Court in such cases to uphold the action of the authorities which are in strict conformity with the rules of the game in question."

13) It is clear from the decision of the Apex Court in The

State of Rajasthan and another v. Anju Rini Saini (supra),

that a person, who did not possess essential qualification on the

last date of application, or till the extended date, was not

eligible to be considered.

14) In the instant case also, the notification prescribes that

the applicants shall possess the requisite qualification as on the

date of notification. Therefore, the applicants, who are having

requisite qualification as on the date of notification, are only

eligible for participating in the selection process.

15) Following the judgments of the Apex Court as well as this

Court referred to above and since the writ petitioners are not