N. Divya vs The State Of Telangana,
2023 Latest Caselaw 1368 Tel

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           THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

                      WRIT PETITION No.47105 of 2018

       ORDER:

1. 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not evaluating petitioners OMR sheets filled in as part of written test conducted for the post of Mandal Planning and Statistics Officer/Assistant Statistical Officer pursuant to Notification No.12/2018 dated 02.06.2018 issued by the 3rd Respondent as illegal, unjust, arbitrary, discriminatory without jurisdiction and in violation of Articles 14, 16 and 21 of the Constitution of India and contrary to the judgment dated 18.11.2015 in W.P.No.28874/2015 and judgment dated 30.11.2017 in W.P.No.26845/2017 and consequently direct respondents to evaluate petitioners OMR Sheets and award appropriate marks and to appoint petitioner as MPSO/ASO if she is in the zone of consideration and pass..."

2. Similar Writ Petitions was filed in the earlier occasion vide

W.P.Nos.40381 of 2022 and Batch, wherein this Court has heard

both sides and upon consideration of the facts and circumstances

and in the light of the principles enunciated in Union of India vs.

Mahendra Singh1, State of Tamil Nadu vs. G. Hemalathaa2

and TSPSC vs. Pothula Durga Bhavani was pleased to dismiss

the writ petitions.

2022 LawSuit (SC) 863

2019 LawSuit (SC) 1539

3. Challenging the said orders Writ Appeal was filed vide

W.A.Nos.1, 2 and 22 of 2023 and the Hon'ble Division Bench of this

Court upon thorough examination has passed an elaborate order

dated 03.01.2023 upholding the dismissal order passed by this

Court in W.P.Nos.40381 of 2022 and Batch. In view of the

judgments of the Apex Court in Mahindra Singh (1 Supra) and G.

Hemalathaa (2 Supra).

4. Since the subject matter in the present writ petition is

covered by the order passed by this Court in W.P.Nos.40381 of 2022

and Batch and by the Hon'ble Division Bench of this Court in writ

appeal Nos.1, 2 and 22 of 2023.

5. Therefore, this court is inclined to dismiss the writ petition.

6. Registry is directed to enclose the orders passed by this Court

in W.P.Nos.40381 of 2022 and Batch and in W.A.Nos.1, 2 and 22 of

2023, dated 03.01.2023.

7. Accordingly, the writ petition is dismissed. No order as to

costs.

Miscellaneous application, if any pending, shall stand closed.

____________________________ JUSTICE E.V.VENUGOPAL Date:23.03.2023 vsu