Telangana High Court
Kottala Rajasri vs The State Of Telangana on 6 January, 2023
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.429 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"To issue an appropriate writ, order of direction,
preferably one in the nature of Writ of Mandamus and to
declare the action of the respondents are not considering the
case of the petitioner for appointment to the post of
Secondary Grade Teacher as per her merit in pursuance to
the notification dated 06.12.2008, though she is selected and
she is in selection zone in her District, is as highly illegal,
arbitrary, unreasonable, discriminatory and also in violation
of principles of natural justice and also in violation of Art.14,
16 & 21 of the Constitution of India and declare the same
bad-in-law and consequently direct the respondents to
consider the case of the petitioner for appointment to the
post of Secondary Grade Teacher by extending the benefit by
following the Division Bench Judgment of this Hon'ble Court
in W.P.No.18683 of 2009, 17340 of 2013 and 25683 of 2015,
dated 27.09.2022, by passing final orders on the
representation dated 07.12.2022 which is pending with 2nd
respondent and to pass such other order or orders as this
Hon'ble Court may deems fit just and proper in the
circumstances of the case."
2. The Division Bench of this Court in Common Order
dated 27.09.2022 passed in W.P.No.18683 of 2009 and
batch and, in particular, at paras 20 and 21 observed as
under:
"20. However, If all the posts which were earmarked
for 30% quota were filled up and if the petitioners were not
coming within the zone of consideration, this Court has to
necessarily adjudicate the validity of G.O.Ms.No.28 Education
(Ser.VI) Department, dated 29.01.2009, as the vacancies
could not be filled up, this Court is of the considered view
that it would be a futile exercise to adjudicate the validity of
G.O.Ms.No.28 Education (Ser.VI) Department, dated
29.01.2009. More so, when the respondents could not fill up
the 30% quota earmarked for died candidates.
21. Accordingly, all the writ petitions are disposed of
directing the State Government to fill up the vacancies with
the petitioners if they are coming within the zone of
consideration and as per their merit. No costs."
3. The petitioners in pursuance to the orders of the
Division Bench dated 27.09.2022 passed in
W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of
2015, had addressed a detailed representation dated
07.12.2022 to the 2nd respondent herein to consider the
petitioner's candidature for appointment to the post of
SGT as per petitioners' merit in pursuance to the
Notification dated 06.12.2008, on par with petitioners
in W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of
2015, since the petitioners are also similarly situated to
the petitioners in W.P.Nos.18683 of 2009, 17340 of
2013 and 25683 of 2015. It is the specific case of the
petitioner's that the petitioners also possessed
graduation and B.Ed and as per the notification and
rules notified by the Government, the petitioners are
eligible to be considered, since the petitioners are
within the zone of consideration.
4. Taking into consideration the orders of the
Division Bench of this Court dated 27.09.2022 passed in
W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of
2015 and also the contents of the petitioner's
representation dated 07.12.2022, the writ petition is
disposed of directing the 2nd respondent to consider the
petitioner's representation dated 07.12.2022 for
appointment to the post of Secondary Grade Teacher in
pursuance to selection process of DSC-2008, in
accordance to law and pass appropriate orders, within
a period of four (04) weeks from the date of receipt of
copy of this order, duly communicating the said
decision to the petitioners. However, there shall be no
order as to costs.
Miscellaneous petitions, if any, pending in this writ
petition, shall also stands disposed of.
_____________________________
MRS JUSTICE SUREPALLI NANDA
06.01.2023
Kgk
