Telangana High Court
Gaddam Adi Reddy vs The State Of Telangana on 5 July, 2024
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 18281 of 2020
ORDER:
In this writ petition the petitioner seeking a writ of
mandamus declaring the action of the respondent No.4 in not
issuing the appointment orders to the petitioner to the post of
Secondary Grade Teacher on par with the candidates who were
appointed pursuant to the Revised Selection List of DSC-1998,
dated 07.08.2018, as illegal, arbitrary, unjust and
unconstitutional and consequently to declare that the petitioner
is entitled to be appointed as Secondary Grade Teacher on par
with DSC-1998 candidates and to grant such relief or reliefs
and to pass such other order or orders in the interest of justice.
2. Brief facts of the case are that the petitioner, being
eligible for the post of Secondary Grade Teacher (SGT), has
participated in the recruitment process pursuant to DSC-1998
notification dated 07.08.2018. It is submitted that the selection
was to be made by way of written examination followed by oral
interview. According to the rules, 85 marks were to be allotted
for written examination and 15 marks to the oral interview and
one must possess a minimum of 50 marks out of 85 marks to
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become eligible for interview in open category and in so far as
SC/ST and BC candidates are concerned, the qualifying marks
were 40 and 45 marks respectively. It is submitted that the
petitioner was secured 51.5 marks in the written examination
and was called for interview vide Hall Ticket No.20106538 and
in the interview, the petitioner secured 10 marks and belonged
to OC category (though qualified), was not appointed, whereas
the candidates who secured lesser marks than the petitioner,
were given appointment orders. Challenging the same, the
petitioner along with some other candidates, have filed
O.A.No.9665/2011 and the said O.A., was allowed in terms of
the orders passed in O.A.No.355/2016 and batch directing the
respondents to prepare a revised selection list on the basis of
the criteria in G.O.Ms.No.618, dated 18.05.1998 and issue
appointment orders to those candidates who were selected in
the revised selection list of Secondary Grade Teachers. It is
submitted that G.O.Ms.No.618, dated 18.05.1998 was issued
relaxing the qualifying marks by 5 marks in respect of all
categories. When the orders were not complied with, the
Contempt application was filed before the Tribunal and due to
abolition of the Tribunal, all the cases were forwarded to the
High Court and re-numbered as C.C.(Tr).No.2/2017 and batch.
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It is submitted that when the respondent authorities appointed
the candidates who secured lesser marks than the petitioner, he
approached this Court by filing W.P.No.19261/2018 and during
the pendency of the same, the respondents authorities have
submitted a revised selection list of DSC-1998 in Karimnagar
District, dated 07.08.2018 and in the revised selection list of
DSC-1998, the petitioner's name was shown at Serial No.1540,
with DSC rank of 777. However, the candidature of the
petitioner was ignored and several others were given
appointment orders. Therefore, the petitioner filed the present
writ petition i.e., W.P.No.18281 of 2020.
3. It is further submitted that in the Special Leave
Petition filed by the candidates who participated in the DSC-
1998, the Chief Secretary, Government of Telangana, has filed
an affidavit stating that the Government will look into the
matter of selection and appointments of the candidates having
lesser marks than the petitioners and if on verification it is
found that the persons with lesser marks than the petitioners
have been selected and appointed, due accommodation will be
given to the petitioners in terms of the orders of the High Court.
It is submitted that the affidavit of the Chief Secretary filed
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before the Hon'ble Supreme Court has also been referred to by
the Division Bench of this Court in C.A.Nos.19/2019 and batch
and it has been held that there has been substantial compliance
on the part of the appellants and there was no attempt by them
at any point of time to willfully disobey the orders passed by the
Tribunal or by the High Court or by the Hon'ble Supreme Court.
It is submitted that the respondents have issued a letter
No.84/A5/2023, dated 06.04.2023 stating that since the
petitioner has not filed the Contempt Case before the High
Court though his name was found at Serial No.1540 with rank
777, with 61.5 marks of Ex-Servicemen, General quota, his
name was not considered.
4. Learned counsel for the petitioner has filed an
additional affidavit along with the copy of the order of Tribunal
in O.A.No.355/2006, O.A.Nos.144/2006, 2912/2006 and batch
and also the copy of the order in O.A.No.9665/2011 wherein the
writ petitioner herein was arrayed as the Petitioner No.2 therein.
It is therefore submitted that the orders passed by the Tribunal
and the judgments rendered by the High Court and also the
Hon'ble Supreme Court are applicable to the petitioner herein
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and the petitioner ought to have been considered for
appointment in view of his merit in the written examination.
5. Learned Government Pleader appearing for the
respondents, has filed a counter affidavit denying the
allegations made by the petitioner. He submitted that
W.P.No.19261/2018 filed by the petitioner for the very same
relief and has been withdrawn by the petitioner without seeking
any liberty and hence this writ petition is barred by the
principle of Res Judicata.
6. Having regard to rival contentions and the material
on record, this Court finds that this writ petition was filed even
before withdrawal of W.P.No.19261/2018 on 02.11.2022 and
therefore, the principle of Res Judicata would not apply to this
case. This Court finds that the petitioner has approached the
Tribunal by filing O.A.No.9665/2011 and the said O.A., was
disposed of by directing the official respondents to prepare a
revised selection list on the basis of the criteria in
G.O.Ms.No.618, dated 18.05.1998 wherein 5 marks relaxation
was given to all the candidates and to issue appointment orders
to those candidates who were selected in the revised selection
list of Secondary Grade Teachers. Therefore, the petitioner is
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also entitled to the relief of provisional selection according to his
merit.
7. In view of the same, this Court deems it fit and
proper to direct the respondents to implement the directions of
this Court and also the undertaking given by the State
Government before the Hon'ble Supreme Court and to consider
issuing appointment orders to the petitioner if he has secured
more marks than the candidates who have been appointed
pursuant to the DSC-1998 notification and in terms of
G.O.Ms.No.618, dated 18.05.1998 issued in Karimnagar
District.
8. Accordingly, the writ petition is disposed of. There
shall be no order as to costs.
9. Miscellaneous petitions, if any, pending in this
writ petition, shall stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 05.07.2024
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