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. 38050 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.13/2022, dated

05.09.2022 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

Child Development Project Officer (CDPO) in furtherance to the

General Recruitment Notification No.13/2022, dated 05.09.2022

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.13/2022, 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.13/2022, dated 05.09.2022.

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.13 of 2022, dated 05.09.2022 for filling up of (23) vacancies

to the post of Child Development Project Officer (CDPO) of

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 13.09.2022 and the last date for submission of the online

applications is upto 5:00 p.m. on 10.10.2022. It is further stated

that on 29.08.2022 and 06.09.2022 some of the petitioners

herein, submitted representations 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.13 of

2022, dated 05.09.2022.

7) The qualification for the post of Women and Child Welfare

Officer (Including Child Development Project Officer, ICDS,

Additional Child Development Project Officer, ICDS and Manager

of Warehouse in Women Development and Child Welfare

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

No.13 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.     Women and Child Welfare          1) A Bachelors Degree in Home Science
             Officer (Including Child         or Social Work or Sociology
             Development        Project                          (OR)
             Officer, ICDS, Additional        2) B.Sc. (Hons.) Food Science and
             Child        Development         Nutrition
             Project Officer, ICDS and                           (OR)
             Manager of Warehouse in          3) B.Sc. Food and Nutrition,
             Women Development and            Botany/Zoology and Chemistry/Bio-





           Child         Welfare       Chemistry
           Development                                     (OR)
                                       4) B.Sc. - Applied Nutrition & Public
                                       Health, Botany/Zoology and Chemistry
                                                           (OR)
                                       5) B.Sc. - Clinical Nutrition, Botany/
                                       Zoology & Chemistry/ Bio-Chemistry
                                                           (OR)
                                       6) B.Sc. - Applied Nutrition, Botany/
                                       Zoology and Chemistry/Bio-Chemistry
                                                           (OR)

                                       7) B.Sc. - Food Sciences & Quality
                                       Control, Zoology/Botany & Chemistry/
                                       Bio-Chemistry
                                                          (OR)
                                       8) B.Sc. - Food Sciences & Management
                                       Botany/Zoology and Chemistry
                                                          (OR)
                                       9) B.Sc. - Food Technology & Nutrition
                                       & Botany/Zoology & Chemistry
                                                          (OR)
                                       10) B.Sc. - Food Technology &
                                       Management Botany/Zoology &
                                       Chemistry/Bio-Chemistry
                                       The above qualification shall be from
                                       any University by or under Central Act,
                                       Provincial Act or a State Act or an

Institution recognized by the University Grants Commission.

"Provided that the candidates who possess higher qualification than the prescribed qualification and the candidates with higher qualification without the prescribed qualification shall also be considered for selection along with candidates who have the prescribed qualification only (G.O.Ms.No.19, Dept. for WCD & SC (Estt.A2) Department, dated 14.08.2013)."

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., 05.09.2022. The online application

starts from 13.09.2022 and the last date for submission of the

online application was upto 05:00 p.m. on 10.10.2022. Since

the petitioners appears to have not possessing requisite

educational qualification as on the date of notification, they

have made representations on 29.08.2022 and 06.09.2022 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

LAWS (APH) 2018 - 5-8

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 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

(2000) 5 SCC 262

(1993) 2 SCC 429

1993 Supp (3) SCC 168

(2013) 11 SCC 58

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