Citation : 2025 Latest Caselaw 976 Tel
Judgement Date : 9 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.31631 OF 2024
ORDER:
With the consent of the parties, this Writ Petition is taken
up for disposal, at the admission stage itself.
2. This Writ Petition is filed under Article 226 of the
Constitution of India seeking to declare the action of respondent
No.2 in refusing to issue appointment orders to the petitioners
as Assistant Motor Vehicle Inspector (AMVI) in the Transport
Department pursuant to Notification No.31/2022, dated
31.12.2022, despite their hall ticket numbers appearing in the
provisional selection notification, dated 10.10.2024, without any
explanation, as illegal, arbitrary, contrary to principles of
natural justice and also violative of Articles 14, 16, 19(g) and 21
of the Constitution of India.
3. The facts of the case are that respondent No.2 issued
Notification No.31/2022, dated 31.12.2022, for recruitment to
the post of AMVI in Multi Zones-I & II for a total of 113
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vacancies. Pursuant to same, the petitioners have applied for
aforementioned post and successfully completed each stage of
selection process, which included a Computer Based
Recruitment Test conducted on 28.06.2023, Certificate
Verification conducted on 12.06.2024 and 13.06.2024, and the
Medical Examination conducted during 01.07.2024 and
08.07.2024. Subsequently, respondent No.2 issued a list of
privisonally selected candidates on 10.10.2024, wherein the
petitioners' hall ticket numbers were included. However,
respondent No.2 refused to issue appointment orders to the
petitioners. Aggrieved by the same, the petitioners have filed the
present Writ Petition.
4. Heard Sri Sai Prasen Gundavaram, learned counsel for
petitioner Nos.1 to 5 and 7; learned Government Pleader for
Services-I for respondent Nos.1 and 3; and Sri P.S.Raja Shekar,
learned Standing Counsel for Telangana State Public Service
Commission, for respondent No.2.
5. Learned counsel for the petitioner Nos.1 to 5 and 7
submits that the provisional selection notification, released by
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respondent No.2 on 10.10.2024, includes list of hall ticket
numbers of 113 selected candidates, comprising 54 candidates
from Multi Zone-I and 59 candidates from Multi Zone-II. The
petitioners' hall ticket numbers are also included in the said list.
Despite the same, appointment orders were not issued by the
respondents so far. It is further submitted that nine candidates,
who were unsuccessful in the Medical Examination, sought
recourse before this Court by filing W.P.No.28639 of 2024 and
this Court, vide order, dated 20.12.2024, disposed of the said
Writ Petition directing the respondents to conduct re-medical
examination to petitioner Nos. 1 to 5, 7, 8 and 9 therein.
However, there is no connection and dependency between the
petitioners herein and those nine candidates, who approached
this Court by filing W.P.No.28639 of 2024. Learned counsel
further submits that the aggrieved party has preferred
W.A.No.18 of 2025 before the Division Bench of this Court
against the order, dated 20.12.2024 in W.P.No.28639 of 2024,
and the Division Bench, vide judgment, dated 06.01.2025, has
suspended the said order holding that any appointments of the
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appellants therein would be subject to the outcome of the Writ
Appeal. It is further submitted that the other candidates, who
were selected for the said post, have received appointment
letters from the Hon'ble Chief Minister on 11.11.2024. However,
despite their eligibility, the petitioners have not received any
communication from the respondents. Furthermore, sixteen
posts of AMVI are kept vacant by the respondents. Therefore,
learned counsel prays this Court to issue appointment orders to
the petitioners.
6. Learned Government Pleader as well as learned Standing
Counsel for the respondents submits that since this Court vide
order, dated 20.12.2024 in W.P.No.28639 of 2024, has directed
the respondents to conduct re-medical examination to petitioner
Nos.1 to 5, 7, 8 and 9 therein, the issuance of appointment
orders to the petitioners herein is delayed.
7. This Court has taken note of the submission of learned
counsel for the respective parties.
PK, J Wp_31631_2024
8. On perusal of record, it is evident that in pursuance of
Notification No.31/2022, dated 31.12.2022, issued by
respondent No.2 for recruitment to the post of AMVI in Multi
Zones-I & II, the petitioners applied for said post and
successfully completed each stage of selection process.
Consequently, respondent No.2 issued a provisional selection
notification on 10.10.2024, wherein the petitioners' hall ticket
numbers were listed. Moreover, the other selected candidates
have received appointment letters from the Hon'ble Chief
Minister on 11.11.2024. However, no appointment orders are
issued to the petitioners so far and the respondents have failed
to provide any explanation for this denial. Here, it is pertinent
to note that petitioner No.6 has withdrawn the case during the
pendency of the present Writ Petition.
9. In view of the judgment, dated 06.01.2025 passed by
Division Bench of this Court in W.A.No.18 of 2025 and since the
hall ticket numbers of petitioner Nos.1 to 5 and 7 herein appear
in the provisional selection notification, dated 10.10.2024, this
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Court deems it appropriate to direct the respondents to issue
appointment orders to them forthwith.
10. Accordingly, this Writ Petition is disposed of directing the
respondents to issue appointment orders to petitioner Nos.1 to 5
and 7 forthwith in the transport department, pursuant to
provisional selection notification, dated 10.10.2024, issued by
respondent No.2.
Miscellaneous applications, if any, in this Writ Petition
shall stand closed. There shall be no order as to costs.
____________________ PULLA KARTHIK, J Date : 09.01.2025.
Note : Issue C.C. forthwith.
B/o.TMK
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