Loka Praneetha Reddy vs State Of Telangana
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Telangana High Court

Loka Praneetha Reddy vs State Of Telangana on 3 July, 2025

                               1


 HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

        WRIT PETITION Nos.9418 AND 9290 of 2024

COMMON ORDER:

These two Writ Petitions are being disposed of by this

Common Order, as the issue involved in these two Writ

Petitions is identical. The petitioners have filed the two Writ

Petitions to declare the action of respondent No.2, Commission,

in refusing to issue appointment orders to the petitioners for

the post of Veterinary Assistant Surgeons Class-A as per their

merit ranking in the test pursuant to the Notification

No.23/2022 as being arbitrary and illegal violative of Articles

14,16 and 21 of the Constitution of India and the Judgments

rendered by this Court in W.A.No.206 of 2023 and 236 of 2023

and consequently, direct the respondent No.2 to forthwith

issue appointment orders to the petitioners as per their merit

rankings against their respective categories.

2. Heard Sri Nimma Narayana, learned counsel for the

petitioners in W.P.No.9290 of 2024, Sri CH. Samson Babu,

learned counsel for the petitioners in W.P.No.9418 of 2024,

learned Government Pleader for Services-II for respondent No.1

and Sri P.S. Rajashekar, learned Standing Counsel for

T.S.Public Service Commission. Perused the record.

3. For convenience, the facts stated in W.P.No.9418 of 2024

are discussed as under:

Learned counsel for the petitioners submits that

petitioners are possessors of Bachelor's Degree in Veterinary

and Animal Husbandry. Pursuant to the Notification of

respondent No.2, dated 22.12.2022, they submitted online

applications for the post of Veterinary Assistant Surgeon

(Class-A). The requisite educational qualification prescribed is

that one must have passed a Bachelor of Veterinary Science

Degree as on the date of Notification, i.e. by 22.12.2022. The

last date for filing online applications was 19.01.2023, which

was extended till 15.02.2023. The selection was to be made to

fill up 170 vacancies.

3(i) Learned counsel for the petitioners further submits

that petitioners herein joined in the four and half year's

academic program of B.V.Sc. during the academic year 2017-

18. The program was scheduled to conclude by January 2022.

However, due to the Covid-19 Pandemic, the candidates were

unable to complete their 1-year internship by September 2022,

and it was extended to the end of February 2023. However, by

that date, all the candidates had completed their course,

including the internship. Although the last date for applying

was extended from 31.01.2023 to 15.02.2023, all candidates

completed their internship by that date.

3(ii) Learned counsel for the petitioners further submits

that in view of the cut-off date fixed by respondent No.2, one

must complete the course as on the date of Notification and as

the Commission was reluctant to receive their applications, the

petitioners along with others were constrained to approach this

Court. Petitioner No.1 filed W.P.No.187 of 2023, and Petitioner

Nos. 2 & 3 filed W.P.No.500 of 2023. Before this Court, the

question that fell for consideration was, whether one year

internship as part of degree course, is a requisite qualification

or not. As far as the petitioners in the case are concerned, they

have completed their Degree and internship before the last day

of filing of applications. However, respondent No.2 has raised

untenable objections and refused to accept the applications. In

a batch of Writ Petitions, i.e. W.P.Nos. 310 of 2023, 500 of

2023, and 187 of 2023, this Court directed the petitioners to

make applications for consideration of their representation,

with a further condition that the results would be released

upon satisfying the necessary eligibility criteria. The

respondent No.2 carried the matter in appeal No. 206 of 2023

and 236 of 2023.

3(iii) Learned counsel for the petitioners further submits

that the question that fell for consideration in the Writ Appeals

before the Division Bench is, whether the candidates had

requisite qualifications or not vis-a-vis Notification dated

22.12.2022. The Division Bench observed that in terms of the

Notification, one must possess a bachelor's Degree and the

completion of the internship has nothing to do with the

completion of the bachelor's Degree in the Veterinary and

Animal Husbandry Course. The Writ Appeals were dismissed,

holding that the candidates, including these Writ Petitioners,

possessed the qualifications as set out in the Notification. The

Division Bench further held that under the Rules framed in

G.O.Ms.No.54, dated 06.06.1996, one must possess a

bachelor's degree in Veterinary Science and Animal Husbandry

from a recognized university for appointment to the post of

Veterinary Assistant Surgeon. The Telangana State Animal

Husbandry Service Rules would make it clear that the

qualification prescribed for appointment to the post of

Veterinary Assistant Surgeon requires a bachelor's Degree and

completion of internship has nothing to do with the completion

of a bachelor's Degree in Veterinary and Animal Husbandry

Course. Since the candidates were already in possession of a

provisional degree certificate, it is deemed that they possess the

requisite qualification as set out in the Notification and as well

as in consonance with the Recruitment Rules referred to in

G.O.Ms.No.54, dated 06.06.1996. The judgment in Writ Appeal

No.206 of 2023 was delivered on 17.02.2023, and the judgment

in Writ Appeal No.236 of 2023 was delivered on 24.02.2023.

These Judgments became final since no SLP is preferred before

the Hon'ble Supreme Court against the said Judgments.

3(iv) Learned counsel for the petitioners further submits

that the petitioners appeared in the competitive examination of

respondent No.2 and results were published. They were

holding high ranks and their appointment is certain due to

their merit ranking. However, the Secretary, TSPSC, was

reluctant to entertain and consider the observations made by

the Division Bench while dismissing their Writ Appeals, but

informed that they would follow the observations of the learned

single Judge stating that the results would only be released

upon satisfying necessary the eligibility criteria as specified in

the Notification. The sum and substance is that the

candidature of the petitioners for appointment is rejected

because they were unable to complete the internship program

as on the date of Notification by TSPSC, dated 22.12.2022.

3(v) Learned counsel for the petitioners further submits

that the action of respondent No.2 is self-contradictory. Having

declared the results of the petitioners in terms of the

observation made by the Division Bench in W.A.No.206 of 2023

and 236 of 2023, he wants to stick with the observation of

learned Single Judge that the petitioners would not come in the

zone of consideration as they do not possess degree

qualification as their internship could not be completed by the

date of Notification. Curiously, he has released the results

although there was an observation by a learned Single Judge

that the results should be declared only after the criteria of the

Notification are fulfilled. Respondent No.2 carried the matter

in the Writ Appeals, and then comprehensive judgments were

rendered by the Division Bench. It means the judgment of the

learned Single Judge gets merged with the judgment of the

Division Bench. Even assuming that the observations of the

learned Single Judge in the judgment that results shall be

declared only after concluding that the candidates have fulfilled

the criteria of the Notification, the Commission, having released

the results, cannot say that the candidates do not meet the

requirements of the Notification.

3(vi) Learned counsel for the petitioners further submits

that the decision of the respondent No.2 Commission is

therefore highly arbitrary, illegal, self-contradictory and

amounts to showing scant respect to the judgments of the

Division Bench in Writ Appeal Nos.206 of 2023 and 236 of

2023. As such, the petitioners are seeking a relief from this

Court to direct the 2nd respondent to forthwith consider the

petitioners' candidature for appointment to the post of

Veterinary Assistant Surgeons, Class-A, as per their merit

rankings in the examination held pursuant to Notification No.

23/2022.

4. Learned counsel for respondent No.2 filed a counter

stating that the Commission has issued a Notification

pertaining to the recruitment of a Veterinary Assistant Surgeon

(Class-A&B) in the Veterinary and Animal Husbandry

Department and invited applications from the eligible

candidates from 30.12.2022 to 19.01.2023 and the same was

extended from 19.01.2023 to 15.02.2023. During the receipt of

applications, some candidates, who had not qualified as on the

date of Notification, have approached the High Court by filing

W.P.Nos.187, 310 & 1381 of 2023 requesting permission to

apply for the post. When these Writ Petitions came up for

hearing on 04.01.2023, 05.01.2023 & 18.01.2023, respectively,

the High Court made the following order:

"To consider their representation for applying the post and it is made clear that the results of the appeared candidates shall be with-held and shall release only upon satisfying eligible criteria as specified in the said Notification."

4(i) It is further pleaded that vide W.P.No. 500 of 2023,

this Court was pleased to dispose of the same in its order dated

06.01.2023 directing the respondents to consider the

representations of the petitioners dated 24.12.2022 and

28.12.2022, in accordance with law and pass appropriate

orders within a period of three weeks from the date of receipt of

a copy of this order and duly communicate the decision to the

petitioner. The Commission preferred to file Writ Appeal No.206

and W.A. No.236 of 2023, (aggrieved by the orders passed by

the learned Single Judge in W.P.No.187 of 2023 & W.P.No. 310

of 2023), the Hon'ble High Court disposed of the Writ Appeals

directing the Commission to consider their representation,

dated 24.12.2022 and pass appropriate orders, after examining

the Rules.

4(ii) It is further pleaded that in view of the above, 22

candidates have submitted their representations to the

Commission to permit them to apply for the post and the

Commission has allowed them to apply from 22.02.2023 to

27.02.2023. It is stated that the 1st petitioner herein is one of

the petitioners in W.P.No.187 of 2023, and the other two

petitioners of this Writ Petition are also petitioners in

W.P.No.500 of 2023. The Commission convened a meeting with

the Registrar and Dean of P.V. Narasimha Rao Telangana

Veterinary University to examine the curriculum of the BVSc

degree and confirm whether the internship was a required

component of the study to award the Degree. Accordingly, it

has been clarified that the duration of the BVSc degree is five

and half years, i.e., four and a half years of academic and

twelve months of internship. After completing the Internship,

the student shall be awarded a satisfactory certificate. The

provisional certificate will be issued to candidates only after

they have satisfactorily completed the Internship. As per the

new regulations of the Veterinary Council of India, Minimum

Standards of Veterinary Education, 2016, it is mentioned as

"Degree Course of Bachelor of Veterinary Science and Animal

Husbandry shall comprise of a course study consisting of

curriculum and syllabus specified in Part-IV of these regulations

spread over five and a half complete professional years

including a compulsory internship of "one year" duration

undertaken after successful completion of all credits as

prescribed in the syllabus."

4(iii) It is further pleaded that TGPSC is a Constitutional

Body and a Recruiting agency for the Government. As such, the

provisions of Special Rules/General Rules governing the

recruitment process are incorporated in the Notification. Kind

attention is invited to "Rule 12(3)(a) of Telangana State and

Subordinate Service Rules mentioned under the head of

"Qualifications for Direct Recruitment" which reads as follows:

"A candidate should possess the academic qualifications and experience including practical experience prescribed, if any, for the post, on the Date of Notification for direct recruitment issued by the concerned recruiting agency."

The contention of the petitioners that they should be permitted

to apply for Veterinary Assistant Surgeon Recruitment as they

are about to complete their qualifying examinations before the

Main Examination of VAS is not tenable since all the

candidates who are applying for the said posts should be

confined to the Terms & Conditions of the Notification and

there will be no relaxation in the same for the sake of any

particular candidate.

4(iv) It is further pleaded that as per the Rules governing

the recruitment process under direct recruitment for any

category of post, the candidate must possess the academic

qualifications, experience etc., for the post as on the date of

Notification. As such, the petitioners' contention that they

should be allowed to participate in the VAS recruitment

process is not feasible. Hence, the candidate who has

completed the internship and received the BVSc provisional

degree as on the date of Notification, will be eligible for the post

of VAS. PARA-V of the Notification under the heading of

'Important Legal Provisions Governing the Recruitment Process'

under sub-para-5, the following is clearly mentioned:

"All are informed that the various conditions and criterion prescribed herein are governed by the General Rules of existing State and Subordinate Service Rules, read with the relevant Special Rules applicable to any particular service in the departments. Any guidelines or clarification is based on the said Rules, and, in case of any necessity, any matter will be processed as per the relevant General and Special Rules in force"

4(v) It is further pleaded that it will become an adverse

phenomenon to accept the candidature of the candidates even

though they do not possess the qualifications as on the date of

Notification. Suppose such concession is granted to the

petitioners herein some more candidates may approach this

Court on the same plea or the other, which is contrary to the

Rule position as well as the Terms and Conditions of the

Notification. A large number of candidates were rejected in

previous recruitments on the same grounds, i.e. for not

possessing the required qualifications, experience etc., as on

the date of Notification. A.P. State and Subordinate Service

Rules, 1996 were made by the Governor in the exercise of the

powers conferred by the proviso to Article 309 of the

Constitution of India and the same was adopted by the State of

Telangana vide G.O.Ms.No.196, GA (services-D) Department,

dated 28.05.2016, with certain amendments and modifications.

Rule 12(3)(a), cited supra, has been in force for more than (2)

decades, and it is the practice of the recruiting agencies to

follow the Rules scrupulously. Based on the above Rule

position, the candidature of a large number of candidates was

rejected earlier on this ground alone and the Courts have never

inclined to grant any relief in such matters so far, as it may

lead to unwelcome developments and upset the entire

recruitment process conducted by the recruiting agency, as it

would be contrary to the Recruitment Rules of the Government.

When similar cases fell for consideration before this Court in

W.P.Nos.8008, 8170, 8671, 9870 and 15912 of 2018, this

Court in its common order, dated 02.05.2018, dismissed the

Writ Petitions by making the following observations:

"In the present case, the notification specifically prescribes that the applicants shall possess the requisite qualifications

as on the date of notification. Therefore, the candidates who possess the requisite qualification as on the date of notification, alone are eligible and the petitioners, who acquired requisite qualification subsequent to date of notification, cannot be said to be eligible, as such the contention of the counsel for the petitioners in this regard, is rejected."

Accordingly, prayed to dismiss the Writ Petitions.

5. In these two cases, at the time of admission itself, the

interim direction was given stating that "Any appointments to

the post of Veterinary Assistant Surgeons Group-A, pursuant to

the Notification No.23/2022, shall be subject to the outcome of

the Writ Petitions."

6. Petitioners filed a reply affidavit to the counter stating

that they have necessary qualifications as on the date of

Notification as prescribed in the rules and, as such, they are

entitled to be appointed to the post of Assistant Veterinary

Surgeon Class-A since no practical experience is prescribed for

the above post in the rules, they are fully qualified in terms of

Rule 12(3)(a) of Telangana State and Subordinate Service

Rules. Since the petitioners possess the necessary

qualifications and fulfil all the terms and conditions of the

Notification as on the date of notification and they seek no

relaxation and are enrolled with the A.P.Veterinary Council and

they are undergoing rotational internship training. It was

further averred that even the completion of the rotational

internship training was delayed due to the Covid-19 pandemic,

which caused the courses to run six months behind the

schedule. Therefore, this Court has directed the 2nd

respondent to receive the applications.

6(i) Petitioners further pleaded that there were

directions of this Court to consider the representations of the

petitioners dated 24.12.2022 and 28.12.2022 in accordance

with law, and pass appropriate orders and communicate the

decision to the petitioners. However, to date, no

communication has been received by the petitioners, which

would show the scant respect to this Court. Furthermore, in

paragraph 6, the respondent refer to the Writ Appeals preferred

by them against the orders of the learned Single Judge,

however, it is not true that the Writ Appeals are disposed of

with directions. The Hon'ble Division bench dismissed the Writ

Appeals.

6(ii) Petitioners further pleaded that in para 9, the 2nd

respondent would refer to the regulations of 2016 issued by the

Veterinary Council of India minimum standards of Veterinary

education, holding that the course is spread over 5 years and a

compulsory internship of one year. After the successful

completion of all credits as prescribed in the syllabus, the

Veterinary Council of India has prescribed these minimum

Standards, which various Universities in the country are to

follow the due course. However, it is not stated as to whether

the P.N N.R Telangana Veterinary University has adopted these

guidelines issued by the VCI or not, but on the other hand, it is

to be seen that the petitioners are issued with provisional

certificates after completion of their course and the internship

so far as termed rotational internship training. Therefore, for

all the purposes, it is to be taken that the petitioners are

qualified as on the date of Notification 23/2022.

6(iii) It is further pleaded by the petitioners that in para

10, the 2nd respondent would state about the Public Service

Commission and refer to Rule 12(3)(a) of Telangana State and

Service Subordinate Rules. However, it is to be seen that only

academic qualifications are prescribed in the Notification, and

no "Practical experience" is prescribed, and in paragraph 10,

the 2nd respondent would try to refute the contention of the

petitioners, but it is to be seen that as per the terms and

conditions of the notification they are well within their right to

make application and contest for selection. Accordingly,

prayed to allow the Writ Petitions.

FINDINGS OF THIS COURT:

7. The Telangana State Public Service Commission issued

Notification No.23/2022, dated 22.12.2022, for the post of

Veterinary Assistant Surgeon (Class-A & B) in the Veterinary

and Animal Husbandry Department (General Recruitment).

Educational Qualifications:

Applicants must possess the requisite qualifications as

detailed below specified in the relevant Service Rules, Indented

by the Department, as on the Date of Notification.

Pc.   Name     of Educational Qualifications as specified in the
No.   the post    service Rules of the department.

01. Veterinary Must possess a Bachelor's Degree in Veterinary Assistant Sciences and Animal Husbandry or its Surgeon equivalent qualification from any recognized (Class-A) University / Institution in India or abroad.

02. Veterinary Must possess a Bachelor's Degree in Veterinary Assistant Sciences and Animal Husbandry or its Surgeon equivalent qualification from any recognized (Class-B) University/Institution in India or abroad and also Post Graduation Diploma in Microbiology /Parasitology/Epidemiology/Virology/Immunolo gy/Pathology or must possess a Master's Degree in Veterinary Science with Biotechnology or must possess a Master's Degree in Veterinary Science with Veterinary Public Health.

The educational qualifications for the Veterinary

Assistant Surgeon (Class-A) post, as on the date of Notification,

clearly mention that a candidate must possess a Bachelor's

Degree in Veterinary Sciences and Animal Husbandry or its

equivalent qualification from any recognized University /

Institution in India or abroad. If any candidate does not

possess the requisite qualifications as stated supra, he is not

eligible to apply for the said post.

8. A perusal of the judgment in Writ Appeal No.206 of 2023

wherein it is observed at para No.6 of the judgment as under:

"At this stage, learned Standing Counsel appearing for the appellant contended that as per the Veterinary Council of India Regulations, the Degree includes completion of Bachelor's Degree in Veterinary Science and Animal Husbandry and internship. But, the said Veterinary Council of India Regulations are neither produced nor made available to the Court, so as to enable this Court to examine the said Regulations. The material placed on record would make it very clear that the respondent Nos. 1 to 27 do possess the requisite qualifications, as set out in the notification as well as in the recruitment Rules. Therefore, this Court is not inclined to interfere with the impugned order. Further, if the respondent Nos.1 to 27 are permitted to appear in the selection process, no prejudice would be caused to the appellant and the learned Single Judge has taken enough care by directing the appellant to consider the representation, dated 24.12.2022, of the respondent Nos.1 to 27 and pass appropriate orders, after examining the Rules. On this ground also, this Court is not inclined to interfere with the impugned order passed by the learned Single Judge of this Court. The Writ Appeal is, accordingly, dismissed."

The judgment mentioned above, makes it clear that the

learned Single Judge only directed the authorities to consider

the representation dated 24.12.2022. When the matter was

carried in appeal by the authorities, it was dismissed without

any specific direction to the respondent authorities.

9. A perusal of the record would reveal that the petitioners

obtained a Provisional Degree certificate from P.V. Narsimha

Rao Telangana Veterinary University on 09.02.2023 and the

petitioners are registered with the Telangana State Veterinary

Council on 02.02.2022, 24.02.2023 and 14.03.2023

respectively. The Notification indicates that applicants must

possess the requisite qualifications for the specified posts, as

specified in the relevant Service Rules, as indented by the

Department, as on the Date of Notification i.e. 22.12.2022.

However, the petitioners obtained a Provisional Degree

certificate from P.V. Narsimha Rao Telangana Veterinary

University on 09.02.2023, which is subsequent to the date of

the Notification.

10. At the time of hearing, learned counsel for the

respondents brought to the notice of this Court that the

recruitment process is closed, the Unit list was sent on

04.10.2024, and results were already announced. As per the

new regulations of the Veterinary Council of India, Minimum

Standards of the Veterinary Education, 2016, it is mentioned

as "Degree Course of Bachelor of Veterinary Science and Animal

Husbandry shall comprise of a course study consisting of

curriculum and syllabus specified in Part-IV of these regulations

spread over five and a half complete professional years

including a compulsory internship of "one year" duration

undertaken after successful completion of all credits as

prescribed in the syllabus." As the petitioners in both the Writ

Petitions did not have provisional certificates with them as on

the date of Notification, their case is liable to be rejected. As

such, the Writ Petitions are liable to be dismissed.

11. Accordingly, both the Writ Petitions are dismissed. There

shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand

closed.

____________________________________ NAMAVARAPU RAJESHWAR RAO,J

Date:03.07.2025 BDR

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION Nos.9418 AND 9290 of 2024

Date: 03.07.2025

BDR