Mrs. Kandrapu Alekya vs The State Of Telangana And Another
2023 Latest Caselaw 87 Tel

         HONOURABLE SRI JUSTICE E.V.VENUGOPAL

                 WRIT PETITION No.332 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 or direction more in the nature of Mandamus, declaring the action of respondents more particularly that of respondent No.2 in refusing to take the representation, and conducting physical efficiency Test (PET) on 10/12/2022 to 14/12/2022 as a part of direct recruitment for the posts of SCT SI Civil and or Equivalent, SCT PC Civil and Or Equivalent, SCT PC IT and CO/Mechanic/ Driver and Prohibition and Excise Constable without allowing representations from the petitioner in which she made a request to conduct the events once she gets fit to participates as being Illegal, Arbitrary, discriminatory, Un Constitutional, being violative of Articles 14, 15(3), 16, 21 and 42, against the Letter and spirit of Catena of Judgments rendered by this Honorable Court in WP No. 43866 of 2022 and WP No.44442 of 2022, apart from being voilative of principles of natural Justice and Fair play, consequently direct the 2nd respondent to allow time to the petitioners herein until she gets fit and allow her to participate in the further selection process, without insisting on physical ability to complete the Physical Efficiency Test, and pass..."

2. Learned counsel for the petitioner submits that the

petitioner is recently delivered women and candidate who has

delivered baby after being qualified in the preliminary entrance

test. He further submits that since the petitioner is facing post

delivery complications requiring periodical time to recoup and

regain energies to participate in the physical efficiency tests

which were proposed to be conducted from 10.12.2022 to

14.12.2022. He further submits that in this connection the

petitioner made a representation on 12.12.2022 but in vain and

as such she may be given the benefit as was given to the recently

delivered women in W.P.No.44442 of 2022, enabling her to attend

the next level of final written examination by giving an

undertaking to the respondents that she would participate in the

physical efficiency test as and when required if she is so qualified

in the preliminary entrance test.

3. On the other hand, Mr.Chandraiah, learned Assistant

Government Pleader, representing learned Special Government

Pleader, submits that the physical tests were conducted from

10.12.2022 to 14.12.2022 and therefore at this point of time

intervention of this Court will completely hamper the selection

process, as the petitioner has approached this Hon'ble Court at

the 11th hour which would cause great hardship for conducting

physical tests to the other candidates. However, he submits that

if any undertaking is given by the petitioner to participate in the

physical efficiency test in due course of time, her case will be

considered in accordance with law and upon verification of their

medical records/certificates as per law to enable her to

participate in the next level of final written examination.

4. Having regard to the difficulties faced by the writ petitioner

and also having regard to the order passed by this Court in

W.P.No.44442 of 2022, this Court is inclined to direct the

respondents to permit the petitioner to participate in the final

written examination for the post of SCT SI Civil and/or Equivalent,

SCT PC Civil and/or Equivalent, SCT PC IT and CO/Mechanic/Driver

and Prohibition and Excise Constable without insisting the

petitioner to appear for Physical Efficiency Test subject to

petitioner giving an undertaking and enclosing necessary

recognised medical records/certificates before the respondents

that she would undergo Physical Efficiency Test within one

month from the date of publication of final result, if she so

qualified in the final written examination.

5. Accordingly, the writ petition is disposed of. There shall be

no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition,

shall also stand closed.

_______________________________ JUSTICE E.V.VENUGOPAL Dated: 05.01.2023 sus

HONOURABLE SRI JUSTICE E.V.VENUGOPAL

W.P.No.332 of 2023

Dated: 05.01.2023 sus