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2020 Supreme(Telangana) 72
IN THE HIGH COURT OF JUDICDATURE FOR THE STATE OF TELANGANA AT HYDERABAD
P. Naveen Rao, J.
M.Pradeep, S/o. Yesob - Petitioner
Versus
The Telangana State Public Service Commission - Respondents
Writ Petition No.3108 of 2020
Decided On : 02-03-2020
Point of Law
Whenever recruitment notification is issued large number of applications are received and at the initial stage, if strict scrutiny of eligibility is undertaken, it would consume lot of time and would cause delay in selection process, and therefore candidates are subjected to selection without such verification
Headnote:
Constitution of India, Art. 226 – Writ Petition is filed praying to declare the action of respondents in not considering the case of the petitioner for provisional selection and appointment to the post of Health Assistant, as illegal, arbitrary and unconstitutional. Consequently, seeks a declaration that the qualification obtained by the petitioner from the College of Medical Technology, Ongole is sufficient and recognized qualification for the purpose of recruitment to the post of Health Assistant, and also seeks a direction to respondents to appoint him as Health Assistant – Held, Merely because a candidate is permitted to participate in the selections does not vest in him indefeasible right to claim appointment even if he is not qualified. It is also apt to note that a person is entitled to be appointed only if he possesses requisite qualifications and eligibility to the concerned post and secures merit. Public Service Commission as recruiting agency undertakes process of assessing merit of candidates, verify their eligibility and then recommends for appointment. That being the settled legal position, merely because petitioner was subjected to selection process, would not vests in him right to claim appointment even if he is not qualified. In the instant case, as petitioner does not have qualification prescribed for the post of Health Assistant in Municipal Subordinate Service, non-consideration of his candidature for further selection process and not recommending him for appointment by the Public Service Commission cannot be faulted, warranting interference by this Court. Writ petition merits no consideration – Writ Petition is accordingly dismissed (Paras 14 and 15)
Facts of the Case:
Petitioner claims that he belongs to Scheduled Caste community, passed Intermediate and secured certificate of Diploma in Public Health & Sanitation Technology from the College of Medical Technology, Ongole in the State of Andhra Pradesh and was appointed as Multi Purpose Health Assistant on contract basis on 29.05.2003 and is working in the said post as on today. On 27.07.2018, Telangana State Public Service Commission issued recruitment notification no.20/2018 dated 27.07.2018 calling for applications for selections to the post of Health Assistant in Municipal Administration and Urban Development Department
Finding of the Court;
Merely because a candidate is permitted to participate in the selections does not vest in him indefeasible right to claim appointment even if he is not qualified. It is also apt to note that a person is entitled to be appointed only if he possesses requisite qualifications and eligibility to the concerned post and secures merit. Public Service Commission as recruiting agency undertakes process of assessing merit of candidates, verify their eligibility and then recommends for appointment. That being the settled legal position, merely because petitioner was subjected to selection process, would not vests in him right to claim appointment even if he is not qualified. In the instant case, as petitioner does not have qualification prescribed for the post of Health Assistant in Municipal Subordinate Service, non-consideration of his candidature for further selection process and not recommending him for appointment by the Public Service Commission cannot be faulted, warranting interference by this Court. Writ petition merits no consideration
Result; Writ Petition is accordingly dismissed
ORDER :
Petitioner claims that he belongs to Scheduled Caste community, passed Intermediate and secured certificate of Diploma in Public Health & Sanitation Technology from the College of Medical Technology, Ongole in the State of Andhra Pradesh and was appointed as Multi Purpose Health Assistant on contract basis on 29.05.2003 and is working in the said post as on today. On 27.07.2018, Telangana State Public Service Commission issued recruitment notification no.20/2018 dated 27.07.2018 calling for applications for selections to the post of Health Assistant in Municipal Administration and Urban Development Department. Petitioner responded to the said notification. In the selections conducted by the Public Service Commission, he secured relevant merit for appointment and accordingly, he was short listed for certificates verification. At this stage, this Writ Petition is filed praying to declare the action of respondents in not considering the case of the petitioner for provisional selection and appointment to the post of Health Assistant, as illegal, arbitrary and unconstitutional. Consequently, seeks a declaration that the qualification obtained by the petitioner from the College of Medical Technology, Ongole is sufficient and recognized qualification for the purpose of recruitment to the post of Health Assistant, and also seeks a direction to respondents to appoint him as Health Assistant.
2. Heard Mr. P.Amarender, learned counsel for petitioner, Mr. D.Bala Kishan Rao, learned standing counsel for TSPSC for respondent no.1, and learned Government Pleader for Services-I (TG) for respondents 2 and 3.
3.1. According to the learned counsel for petitioner, the qualification possessed by the petitioner is same as prescribed in the recruitment notification. All along the certificate issued by the College of Medical Technology, Ongole is recognized, accepted and appointments were made accordingly. He would further submit that certain persons, who possessed the same qualification and working in lower posts, were promoted as Health Assistants, accepting the qualification possessed by them i.e., Certificate of Diploma in Public Health and Sanitation Technology from the College of Medical Technology, Ongole. He would further submit that accepting the qualification possessed by him, he was appointed in the year 2003 as Health Assistant and has been working in the said post. Therefore, there is no justification to deny him appointment as per his merit.
3.2. According to learned counsel for petitioner, recruitment notification requires a pass certificate in Multi Purpose Health Assistant Training Course awarded by the Chairman, Board of Examinations constituted by the Government of Telangana or Government of India/Government of Telangana Recognized Institution. As the College of Medical Technology, Ongole, is recognized by the Government and orders were issued on 18.11.1994 to that extent, petitioner satisfied the qualification. Therefore, ignoring his candidature in spite of securing merit is illegal, arbitrary and unconstitutional. The recruitment notification itself is contrary to the statutory rules.
3.3. He would further submit that having verified his certificates, petitioner was permitted to participate in the selections and once a candidate is permitted to participate in the selections, his candidature cannot be rejected at a later stage on the ground that he does not possess required qualification.
3.4. In support of his contention that his appointment was validly made and qualification possessed by him is one which is required as per the recruitment rules, he placed reliance on the decision of the Division Bench of this Court in Kona Srinivas and others v. State of A.P., and others 2004 (2) ALD 654 (DB), affirmed by the Hon’ble Supreme Court.
4. According to the learned standing counsel, the qualifications prescribed in the recruitment no
