Telangana High Court
Kunuru Sriram vs The Telangana State Northern ... on 19 October, 2023
Bench: Juvvadi Sridevi
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.16603 of 2019
ORDER:
This writ petition is filed seeking to declare the action of
respondents in not calling the petitioners, who are the next
meritorious candidates, for the Pole Climbing Test by operating the
merit list downwards pursuant to the notification, dated 16.02.2018
and in not considering the case of petitioners for appointment as
Junior Linemen against leftover vacancies based on their merit, as
illegal and arbitrary and sought for consequential directions directing
the respondents to issue call letters to the petitioners for Pole
Climbing Test by operating the merit list downwards.
2. I have heard the submissions of Sri Prabhakar Chikkudu,
Learned Counsel for the petitioners and Sri Zakir Ali Danish, learned
Standing Counsel appearing for respondents and perused the record.
3. The 1st respondent has issued Notification No.1 of 2018, dated
16.02.2018 for filling up 2553 vacancies of Junior Lineman.
Petitioners, who belong to various communities, have applied for the
said post. As they did not receive call letters for Pole Climbing Test,
they enquired with the respondents and came to know that they
stood next meritorious to the candidates who were called for the Pole
Climbing Test. Their case is that out of 2553 vacancies notified, only
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2325 vacancies are filled up and 228 vacancies still exist. The
petitioners seek directions for consideration of the cases of next
meritorious candidates for filling up those 228 vacancies by operating
the merit list downwards.
4. Respondents have contended that the petitioners were not
qualified for the Pole Climbing Test, therefore their cases were not
considered for appointment. It is stated that originally out of 2553
vacancies, they filled up 2300 vacancies and kept 253 posts vacant.
Thereafter, when some other candidates approached this Court in a
batch of writ petitions in W.P.No.3772 of 2019 and batch, pursuant
to the directions of this Court in the said writ petitions, 25 vacancies
were filled up and now there exist 228 vacancies and those vacancies
will be carried forward for the next notification. It is contended that
since the petitioners have not come up in the zone of selection, their
cases cannot be considered and prayed for dismissal of the writ
petition.
5. The grievance of the petitioners is that when a notification is
issued for filling up certain number of vacancies, the respondents are
bound to fill up those vacancies in order of merit and they cannot
carry forward those vacancies to the next notification which causes
injustice to the next meritorious candidates. Accordingly, he seeks
to direct the respondents to operate the merit list downwards and
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W.P.No.16603 of 2019
consider the cases of the next meritorious candidates. In this
connection, he has relied on the judgment in the Telangana State
Level Police Recruitment Board & Another Vs. Narimetla
Vamshi & Others 1, wherein, the Hon'ble Supreme Court held as
under;
"If a candidate has not gone through the process of
recruitment, he has not done what was required to be
done by him as set out herein above, it cannot be
construed as a vacancy arising which has to be carried
forward to the next recruitment process. As to the
consequences of the large number of vacancies which
have remained on these different accounts, the details of
which have been set out herein above, again lend
support to this conclusion that a large part of the
process is not frustrated by not filling up of the
vacancies. Public employment is an important source of
employability for young people in the country where we
are facing problems of adequacy of jobs. An
interpretation of the kind sought to be propounded by
the appellants would go against the very ethos of
providing public employment to persons eligible and
meritorious, by construction of a rule in a manner
leaving a large number of vacancies unfilled. This would
not be an appropriate interpretation."
The principle enunciated in the aforesaid judgment is applicable to
the facts of the present case, as in this case also, the respondents
have kept 228 vacancies unfilled.
6. Though the learned Standing Counsel has relied on the
judgment of the then High Court of Andhra Pradesh in State of
Andhra Pradesh Vs. K.Dhanraj and others in W.P.No.5769 of
2012 and batch, dated 19.04.2012, the said judgment cannot be
Civil Appeal No(s).4735 of 2022
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applied to the facts of the present case, in view of the law laid down
by the Hon'ble Supreme Court in the case of Telangana State Level
Police Recruitment Board (supra).
7. Though the learned counsel for petitioners has relied on some
other judgments, the same need not be considered since they relate
to the aspects of arbitrariness and discrimination and in the present
case, there are no such aspects and the case on hand relates to
keeping certain vacancies unfilled without considering the cases of
the next meritorious candidates.
8. For the aforesaid reasons, this writ petition is allowed directing
the respondents to issue call letters for Pole Climbing Test by
operating the merit list downwards based on their merit in the
written test held on 08.04.2018 and as per the eligibility criteria in
the notification in accordance with law for considering their cases for
appointment to the post of Junior Lineman within three (03) months
from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.
_________________
JUVVADI SRIDEVI, J
Date:19.10.2023
Ksk
