Telangana High Court
P. Niharika vs The State Of Telangana And Another on 20 October, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.28495 OF 2022
ORDER
This Writ Petition is filed by the petitioner seeking a Writ of
Mandamus declaring the action of the 2nd respondent in treating the
petitioner as non-local to the State of Telangana only on the ground that
she studied Class VI in Visakhapatnam, as illegal and unjust and
consequently to direct the respondents to consider her candidature as a
local candidate of Hyderabad District for the post notified vide
Notification No.04/2022 dt.26.04.2022 and pass such other order or
orders as this Court may deem fit and proper in the interest of justice
and equity.
2. Brief facts leading to the filing of the present Writ Petition are
that the petitioner is a Post Graduate in Geography and she applied for
the post of Group-I Services notified by Notification No.04/2022
dt.26.04.2022. The last date for submission of applications was
31.05.2022 and it was further extended up to 04.06.2022. It is submitted
that when the petitioner submitted her online application vide
application No.2200107436, she was required to pay a sum of Rs.120/-
W.P.No.28495 of 2022
in addition to Rs.200/- already paid, on the ground that she is a non-
local. Without prejudice to her contention that she is a local candidate of
Telangana and particularly Hyderabad District, the petitioner has paid
the said sum and has filed the present Writ Petition challenging the
action of the respondents in treating the petitioner as non-local to
Telangana.
3. Sri S. Satyam Reddy, learned Senior Counsel representing Ms.
K.V. Raja Shree, learned counsel for the petitioner, submitted that the
petitioner had studied up to Class V in Hyderabad and thereafter she
studied Class VI in Visakhapatnam, (as her father was working in Rural
Development Department and was transferred to Visakhapatnam as
Project Director therein) and after the petitioner's father was transferred
back to Medak in the year 2009, she came back to Hyderabad and
continued her studies from Classes VII to Post Graduation in Telangana.
He submitted that except for Class VI, the petitioner had studied all
along in Hyderabad in the State of Telangana and particularly in the four
consecutive academic years prior to the qualifying examination, i.e.,
graduation and therefore, she has to be considered as local a candidate
of Telangana even according to the Presidential Order of 2018 and the
W.P.No.28495 of 2022
petitioner seeks a direction to the respondents to consider her
candidature as local candidate of Telangana.
4. The Additional Secretary and Nodal Officer (Legal) of the 2nd
respondent has filed a counter affidavit stating that the meaning of 'local
candidate' is given in para-7 of G.O.Ms.No.124, General Administration
(SPF-MC) Department, dt.30.08.2018. According to him, the study of
four consecutive years prior to Class VII is to be considered and since
the petitioner has studied Class VI in Visakhapatnam, Andhra Pradesh
State, she is not fulfilling the definition of 'local candidate' in
G.O.Ms.No.124 dt.30.08.2018. He also placed reliance upon Article
371D of the Constitution of India in support of his contention that the
petitioner is not a local candidate of Telangana. He placed reliance upon
various judgments of this Court.
5. Sri D. Balakishan Rao, learned Standing Counsel for the 2nd
respondent relied upon the judgment of the erstwhile Andhra Pradesh
High Court in the case of N.Simhachalam Vs. A.P. Public Service
Commission rep. by its Secretary, Hyderabad1 in support of his
2010 (4) ALT 309 (D.B.)
W.P.No.28495 of 2022
contention that the petitioner cannot be considered as a local candidate
of Telangana.
6. Having regard to the rival contentions and the material on record,
it is noticed that the petitioner has applied for the post of Group-I
service and the minimum educational qualification for the said post is
graduation. The Presidential Order 2018 defines a 'local candidate'.
7. Rule 7 of the Presidential Order deals with 'local candidate' and
Sub-rule (1) thereof states,-
"(1) A candidate for direct recruitment to any post shall be regarded
as a local candidate in relation to a local area,-
(a) in cases where a minimum educational qualification has been
prescribed for recruitment to the posts,-
(i) if he has studied in an educational institution or
educational institutions in such local area for a period of
not less than four consecutive academic years ending with
the academic year in which he appeared or, as the case
may be, first appeared for the relevant qualifying
examination; or
(ii) Where during the whole or any part of the four consecutive
academic years ending with the academic year in which he
appeared or as the case may be first appeared for the
relevant qualifying examination he has not studied in any
W.P.No.28495 of 2022
educational institution, if he has resided in that local area
for a period of not less than four years immediately
preceding the date of commencement of the qualifying
examination in which he appeared, or as the case may be,
first appeared.
(b) In cases where no minimum educational qualification has been
prescribed for recruitment to the post, if he has resided in that
local area for a period of not less than four years immediately
preceding the date on which the post is notified for recruitment.
The Explanations: For the Purpose of this paragraph,-
(i) ... ... ... ...
(ii) relevant qualifying examination in relation to a post means,-
(a) the examination, a pass in which is the minimum
educational qualification prescribed for the post;
(b) the Seventh Class examination or an examination
declared by the State Government to be equivalent to the
Seventh Class examination; whichever is lower;
(iii) ... ... ... ...
(iv) ... ... ... ..."
The respondents are applying the provisions of Clause (b) and
Explanation (ii) to Rule 7(1) of the Presidential Order. However, this
Court finds that it is Clause (a) of Rule 7(1) which would be applicable
in this case as the minimum educational qualification prescribed for the
W.P.No.28495 of 2022
post of Group-I is graduation. The petitioner has admittedly studied in
Telangana in four consecutive academic years prior to graduation, i.e.,
from Class VII to graduation and therefore, she has to be considered as a
local candidate of Telangana and not as a non-local.
8. In view thereof, this Court deems it fit and proper to direct the
respondents to consider the candidature of the petitioner as local
candidate of Telangana for the purposes of her appointment to the posts
notified in Group-I services for the State of Telangana.
9. The Writ Petition is accordingly allowed. No order as to costs.
10. Pending miscellaneous petitions, if any, in this Writ Petition shall
stand closed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 20.10.2022
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