The Chairman And Managing ... vs Udem Abhilash
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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                               AND
     THE HON'BLE SRI JUSTICE ANIL KUMAR JUKANTI

        WRIT APPEAL Nos.910, 912 and 925 OF 2023


COMMON JUDGMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)

      All these Writ Appeals are being disposed of by

way of this common judgment, since the issue involved

in all the Writ Appeals is one and the same.


2.    Heard Sri Goda Shiva, learned Senior Counsel

representing Smt. Goda Ramalakshmi, counsel for the

appellants on record in W.A.No.910 of 2023, Sri

G.Vidya Sagar, learned Senior Counsel representing

Sri G.S.Prasen, counsel for the appellants on record in

W.A.No.912 of 2023, Sri P.Sri Harsha Reddy, learned

counsel    for    appellants     in   W.A.No.925       of    2023,

Sri D.Y.L.N.Charyulu, learned counsel for the 1st

respondent       and   Sri   B.A.Prakash       Reddy,       learned

counsel for the 2nd respondent in all the Writ Appeals.

2 AKS, J & JAK, J WAs_910, 912 & 925_2023

3. For the sake of convenience, the facts in Writ

Appeal No.910 of 2023 are discussed hereunder.

4. Writ Appeal No.910 of 2023 is filed by the

appellants aggrieved by the orders passed by a learned

Single Judge of this Court in Writ Petition No.36031 of

2022, dated 28.08.2023.

5. It has been contended by the appellants that the

official respondents have issued a Notification No.2 of

2022, dated 17.06.2022, calling for applications for the

post of Junior Assistant Grade-II and in all 177 posts

were notified. As per the said notification, the selection

process consists of a written test of 120 objective type

questions and certain minimum marks were set out for

OCs, BCs, SCs and STs. The written examination was

conducted on 04.09.2022. The learned counsel for the

appellants has contended that the official respondents

have entrusted the job of conducting the examination

to Jawaharlal Nehru Technological University (JNTU),

Hyderabad and the respondents/writ petitioners have 3 AKS, J & JAK, J WAs_910, 912 & 925_2023

also responded to the said notification. However, the

respondents/writ petitioners could not come up within

the zone of selection. The 1st respondent/writ

petitioner having participated in the selection process

has earlier filed W.P.No.34094 of 2022 seeking a Writ

of Mandamus to direct the official respondents to

conduct examination by issuing question paper, OMR

sheet and by releasing the key in the examination to be

held on 04.09.2022 and the learned single Judge of

this Court was pleased to dispose of the said Writ

Petition, vide orders, dated 01.09.2022, by directing

the official respondents to allow the 1st respondent/

writ petitioner and other candidates who attended the

examination to take out the question paper booklet

and hall ticket and also directed the official

respondents to release the key within a period of one

week from the date of examination so as to enable the

1st respondent/writ petitioner and other candidates to

assess their performance in the examination.

4 AKS, J & JAK, J WAs_910, 912 & 925_2023

Thereafter, the official respondents have published the

key and results of the said examination. In the said

examination, the 1st respondent/writ petitioner has not

even qualified. Aggrieved by the same, the 1st

respondent/writ petitioner has once again approached

this Court by filing W.P.No.36031 of 2022 contending

that there were large scale irregularities and

malpractices in the conduct of examination by the

official respondents and the question paper was leaked

and in the examination, some of the candidates have

mentioned their names as Telangana, Andhra Pradesh,

Degree and Board of Secondary Education etc. which

would mean that the official respondents, without

examining the applications submitted by the

candidates, have mechanically allowed the candidates

to participate in the selection process and the official

respondents, without publishing the preliminary key

and without examining the objections received from

the candidates, have published the results along with 5 AKS, J & JAK, J WAs_910, 912 & 925_2023

final key. No opportunity was given to the 1st

respondent/writ petitioner and other candidates to

ascertain whether the final key which was published is

in accordance with the experts opinion and whether

the objections raised by certain candidates were taken

into account or not.

6. The learned counsel for the appellants had

contended that the 2nd respondent herein got

impleaded as petitioner No.2 in W.P.No.36031 of 2022,

vide orders, dated 11.05.2023, in I.A.No.5 of 2022 in

the said Writ Petition. The 2nd respondent herein

could not have been impleaded as a writ petitioner and

the learned Single Judge has mechanically allowed the

I.A. by impleading the 2nd respondent herein. The

learned Single Judge has allowed W.P.No.36031 of

2022 preferred by the respondents/writ petitioners

and cancelled the entire selection process by setting

aside the examination held on 04.09.2022 and also

consequential results declared and further directed the 6 AKS, J & JAK, J WAs_910, 912 & 925_2023

official respondents to re-conduct the examination by

following strict measures and taking all due care and

by publishing final key after considering the

objections, if any, to the provisional key.

7. The learned counsel for the appellants had

further contended that the 1st respondent/writ

petitioner has filed W.P.No.36031 of 2022 seeking a

Writ of Mandamus by directing the respondents No.4

and 5 to conduct an independent enquiry against the

malpractices and illegalities committed in the

Recruitment examination held on 04.09.2022 for the

post of Junior Assistant Grade-2, conducted by the

respondent No.7, and take necessary action against

the persons who indulged in the said malpractices

including the officials who have given their hand in

leakage of question paper and to commit illegalities

and consequently set aside the examination held on

04.09.2022, conducted by the respondent No.7 and

declare it as illegal, and pass such other order or 7 AKS, J & JAK, J WAs_910, 912 & 925_2023

orders as this Hon'ble Court may deem fit and proper

in the circumstances of the case. The respondents/

writ petitioners wanted an independent enquiry to be

conducted against the malpractices and irregularities

in the examination which was held on 04.09.2022.

8. The learned counsel for the appellants had also

contended that the official respondents have filed a

counter affidavit in W.P.No.36031 of 2023 contending

that objections were received from certain candidates

and the same was referred to an Expert Committee

and only after taking an opinion from the Expert

Committee, the final key was published along with the

results. Therefore, the contentions of the respondents

/writ petitioners were totally incorrect except making a

false statement about the malpractices and

irregularities. The respondents/writ petitioners could

not produce any material before the learned Single

Judge and the learned Single Judge has mechanically 8 AKS, J & JAK, J WAs_910, 912 & 925_2023

allowed the Writ Petition No.36031 of 2022 and

granted relief.

9. The learned counsel for the appellants had

further contended that the appellants have

participated in the selection process and the

appellants are waiting for consideration to be

appointed as Junior Assistant Grade-II. Without there

being any material that malpractices and serious

irregularities have taken place, the learned Single

Judge was not justified in setting aside the entire

examination. The entire examination could not have

been set aside on the instance of the respondents/writ

petitioners who have participated and not even

qualified in the examination. Therefore, appropriate

orders be passed in the Writ Appeal by setting aside

the orders passed by the learned Single Judge in

W.P.No.36031 of 2022, dated 28.08.2023 and allow

the Writ Appeal.

9 AKS, J & JAK, J WAs_910, 912 & 925_2023

10. The learned counsel for the respondents/writ

petitioners had contended that the question paper was

leaked and certain candidates were beneficiaries of

such irregularity and large scale malpractices have

also occurred and the 1st respondent/writ petitioner

has given complaint, but the authorities are not

accepting his complaint. The results of some of the

candidates were published with names as Telangana,

Andhra Pradesh, Degree and Board of Secondary

Education etc. which would mean that the official

respondents have not taken care to check whether

such bogus candidates have written the examination

and the official respondents have also permitted the

candidates who are styling themselves as Telangana,

Andhra Pradesh, Degree and Board of Secondary

Education etc. in the examination which demonstrated

that the examination was conducted in a careless

manner and with lot of irregularities and malpractices.

The 1st respondent/writ petitioner has submitted a 10 AKS, J & JAK, J WAs_910, 912 & 925_2023

representation to conduct a detailed enquiry and take

appropriate decision, but the official respondents have

not acted upon the representation made by him.

11. The learned counsel for the respondents/writ

petitioners had further contended that no prejudice

will cause to anyone, if the examination is conducted

afresh. Therefore, the learned Single Judge is justified

in allowing the W.P.No.36031 of 2022 preferred by the

respondents/writ petitioners by setting aside the entire

examination as admittedly there were large scale

irregularities and malpractices in the conduct of

examination. There are no merits in the Writ Appeal

and is liable to be dismissed.

12. This Court, having considered the rival

submissions made by the parties, is of the view that

the learned Single Judge was not justified in setting

aside the written examination which was held on

04.09.2022 on the ground that there were large scale

irregularities and malpractices as no material was 11 AKS, J & JAK, J WAs_910, 912 & 925_2023

placed before the learned Single Judge to demonstrate

that there were large scale irregularities and

malpractices in the conduct of examination. So far as

the candidates who have appeared with the name of

Telangana, Andhra Pradesh, Degree and Board of

Secondary Education etc., we are informed by the

learned counsel for the appellants that those

candidates have not qualified in the examination.

Some of the candidates could have entered their

names as Telangana, Andhra Pradesh, Degree and

Board of Secondary Education etc. and that does not

mean that the entire examination has to be held back

and if some of the candidates have filled up the online

applications with an erroneous name such as referred

supra, that will not vitiate the entire examination.

Therefore, the learned Single Judge was not justified in

setting aside the entire written examination only on

the apprehension of the respondents/writ petitioners

that there were large scale irregularities and 12 AKS, J & JAK, J WAs_910, 912 & 925_2023

malpractices. Therefore, the orders passed by the

learned Single Judge in W.P.No.36031 of 2022, dated

28.08.2023, are liable to be set aside and accordingly

set aside. The official respondents are directed to go

ahead with the selection process based upon the

written examination conducted on 04.09.2022.

However, it is made clear that if any irregularities or

malpractices are noticed by the official respondents or

by any other investigating agencies, the entire selection

process is liable to be set aside because no selections

can be made on the ground of irregularities and

malpractices. It is always open for the respondents/

writ petitioners to pursue their remedies in accordance

with law to establish that there were large scale

irregularities or malpractices in the written

examination which was held on 04.09.2022 in

pursuance to the Notification No.2 of 2022, dated

17.06.2022.

13 AKS, J & JAK, J WAs_910, 912 & 925_2023

13. With these observations, all these Writ Appeals

are disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in these

Writ Appeals shall stand closed.

_________________________________ ABHINAND KUMAR SHAVILI, J

___________________________ ANIL KUMAR JUKANTI, J

Date: 21.09.2023.

Note: C.C. in three (3) days.

B/o.

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