Telangana High Court
Kiran Kumar Kotagiri vs State Of Telangana on 10 April, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
WRIT PETITION No.6597 OF 2025
ORDER:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard K.Haritha, learned counsel for the petitioners and
Mr.Santhapur Satyanaraya Rao, learned Government Pleader for
respondents. Perused the record.
2. The present writ petition has been filed seeking for the following
relief:
1. to issue an appropriate Writ, Order, or Direction, more
particularly one in the nature of WRIT OF MANDAMUS declaring that
the failure of the Respondents to consider and implement the
judgment of the Honble Supreme Court in Devesh Sharma vs. Union of
India and Others (Civil Appeal No. 5068 of 2023 and other related
appeals, dated 11-08-2023) before proceeding with the promotion
and appointment by transfer of Secondary Grade Teachers (SGTs) to
School Assistant (SA) posts is arbitrary, illegal, and violative of Articles
14, 16, and 21 of the Constitution of India. Further, declare that the
continuance of promotions under G.O.Ms. No. 108, dated 23.12.1999,
without aligning it with the principles laid down in the Devesh Sharma
judgment, is unsustainable in law.
2. Set aside G.O.Ms. No. 108, dated 23.12.1999, to the extent
of Rule-3, Note-4, as being inconsistent with the Supreme Court s
judgment in Devesh Sharma and the constitutional mandate of fair
and merit-based recruitment policies.
3. Direct respondent No.1 and 2 to:
• Reduce the promotion quota for Secondary Grade Teachers
(SGTs) to 20% or less and correspondingly increase the quota for
direct recruitment of School Assistant (SA) posts to 80% or more, in
compliance with the ration laid down in Devesh Sharma.
• Include the resultant vacancies in the direct recruitment
process and notify them through the District Selection Committees
(DSCs) in the upcoming recruitment notifications.
4. Pass any other order or direction that this Hon'ble Court may
deem fit and proper in the interest of justice.
3. Perusal of the record would go to show that all the petitioners
before this Court are unemployed who had done B.Ed but have not got
government employment. They are aggrieved in the present writ
petition in so far as the ratio of quota fixed for direct recruits to the
post of School Assistant and the prayer sought for is the challenge to
the said ratio. Presently, the ratio of direct recruit is 33.33% and the
remaining 66.66% is to be filled up by way of transfer and promotion.
4. At the outset, we are of the considered opinion that the
petitioners do not have any case calling for interference from the writ
court for the reason that the nature of the relief sought for is not
which could be agitated upon invoking the writ jurisdiction. The
reason for reaching to the said conclusion is for the fact that it is
wholly a policy decision of the State Government to decide the ratio of
direct recruits as School Assistants viz a viz the ratio of post to be
filled up by transfer and promotion. This framing of policy is
exclusively within the domain of the State Government. We are
therefore of the considered opinion that the writ in the nature of
mandamus cannot be issued for the change of ratio. The grievance of
the petitioner can be ventilated at the level of government and the
petitioners can approach the respondents for ventilating their
grievance either individually or in their representative capacity.
5. With the aforesaid observation, this writ petition stands disposed
of, reserving the right of the petitioner to approach the respondents.
As a sequel, miscellaneous applications pending if any, shall
stand closed.
__________________
P.SAM KOSHY, J
_________________________________
NARSING RAO NANDIKONDA, J
Date: 10.04.2025
AQS
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
WRIT PETITION No.6597 OF 2025
10.04.2025
AQS
