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2022 Supreme(Telangana) 518

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. NAVEEN RAO, J. SREENIVAS RAO, JJ.
Jangati Yellaiah S/o Bichaiah – Petitioner
Versus
The Government of Andhra Pradesh and Others – Respondents
Writ Petition Nos. 35011, 36093 of 2022
Decided On : 17-11-2022

Advocates:
Advocate Appeared:
For the Petitioner: A. Phani Bhushan.
For the Respondents: P. Govind Reddy, Pratap Narayan Sanghi.

Headnote:

Seniority Determination - Post Graduate Teachers - General Rules - Rule 33, Rule 36 - The court held that the seniority of direct recruits has to be determined based on merit secured in the recruitment examination irrespective of date of joining. The principle to determine seniority of Direct Recruits based on merit secured in the recruitment examination, but not based on roster points meant for complying reservation to various social groups and date of joining, is well settled.

Fact of the Case:

The petitioners, who were appointed as Post Graduate Teachers, sought a direction to authorities of State Governments of both Telangana and A.P. to prepare a common merit list irrespective of the medium of instructions as per the directions of Hon’ble Supreme Court. The respondent authorities proceeded to determine seniority based on the date of appointment, without regard to merit.

Finding of the Court:

The court found that the respondent-employer is duty-bound to make appointments based on the common merit and that seniority has to be determined based on the merit drawn in the selections for recruitment. The court also noted that the entire exercise of determining seniority based on date of appointment was ex-facie illegal and set aside the provisional seniority list.

Issues: The issue for consideration was whether seniority of Post Graduate Teachers recruited by Direct Recruitment ought to be determined based on merit secured in the recruitment process.

Ratio Decidendi: The court held that the seniority of direct recruits has to be determined based on merit secured in the recruitment examination irrespective of date of joining, as per General Rules - Rule 33 and Rule 36. The court also emphasized that the principle to determine seniority based on merit, not based on roster points and date of joining, is well settled.

Final Decision: The court allowed the Writ Petitions, set aside the provisional seniority list, and directed the respondent-employer to draw a combined merit list of direct recruits of 2012 by interspersing Telugu medium and English medium Post Graduate Teachers and then to determine inter se seniority of direct recruits based on the merit secured by them, without regard to date of joining and roster points for reservation.

ORDER :

1. Heard learned counsel Sri A. Phani Bhushan for the petitioners, learned special counsel Sri P. Govind Reddy appearing for respondent Nos. 1, 3 and 5, learned Special Government Pleader representing learned Advocate General appearing for respondent Nos. 2, 4 and 6, learned Government Pleader for School Education and learned senior counsel Sri Pratap Narayan Sanghi for respondent Nos. 9 to 18.

2. Briefly stated the facts of the case are as under:

    2.1. The second respondent issued recruitment Notification No. 01/RMSA/Model Schools/2012, dated 6.2.2012 to fill up 2130 Trained Graduate Teachers by indicating the method of selection, prescribing qualifications to hold the above posts and procedure. Subsequent to the above notification, Government issued G.O.Ms. No. 25 Education (SE-PROG.I) Department, dated 04.04.2013 framing guidelines for selection of Principals, Post Graduate Teachers and Trained Graduate Teachers in State Model Schools.

2.2. For recruitment to the post of Post Graduate Teachers, qualification prescribed was post graduation with B.Ed. in concerned methodology and studied in English medium at least at two levels i.e. School/Intermediate/Graduation/Post graduation levels. Aggrieved with the said conditions, W.P. No. 6833 of 2012 and batch were filed before this Court. This Court directed the respondents to allow the petitioners to write the examination but not to announce the results. As per the directions of the Court, results of petitioners were withheld but respondents proceeded to recruit other selected candidates.

2.3. Petitioners filed writ petitions praying to announce their results and allow them to participate in further selection process and to appoint them as Post Graduate Teachers. By order dated 9.5.2012, W.P. No. 6833 of 2012 and batch were dismissed. Aggrieved thereby, W.A. No. 611 of 2012 was filed but the same was dismissed by order dated 4.1.2013. Aggrieved thereby, matter was carried to Supreme Court by preferring SLP No. 14955 of 2013. The Hon’ble Supreme Court passed the following orders:

“(a) The operation of the judgment under challenge shall remain stayed.

(b) It will be open to the State Government to prepare a common list of the candidates who have studied either through Telugu Medium or English Medium depending upon the marks they secured, and proceed to effect appointments.

(c) The appointments will be subject to the final outcome of the appeal. This order will be applicable for the posts of Principals and the Post Graduate Teachers.”

2.4. Pursuant to the above directions of Hon’ble Supreme Court, results of petitioners were announced and they were appointed to the post of Post Graduate Teachers in their concerned subjects.

2.5. C.A. No. 913 of 2013 and C.A. No. 9104 of 2014 were disposed of on 16.3.2018 with directions.

2.6. Petitioners claim to have made representations to respondent nos. 2, 4 and 6 requesting to prepare a merit list in accordance with the merit secured by them at the time of selection and prepare the seniority in the category of Post Graduate Teachers in accordance with that merit list. The request of the petitioners to prepare a common merit list was rejected vide proceedings in RC No. 1494/A2/TSMS/2017 dated 23.1.2019.

2.7. Aggrieved thereby, some of petitioners have filed W.P. No. 22803 of 2019 seeking a direction to authorities of State Governments of both Telangana and A.P. to prepare a common merit list irrespective of the medium of instructions as per the directions of Hon’ble Supreme Court. On 21.12.2019, sixth respondent issued a provisional seniority list basing on the merit. However, on 6.2.2020 sixth respondent sent emails to all the Principals appending subject-wise and zone-wise seniority lists of post graduate teachers basing on the date of joining and directed to submit objections by 8.2.2020. Aggrieved thereby, some of the petitioners have filed I.A. No. 1 of 2020 in W.P. No. 22803 of 2019 praying to direct respondents to finalize the seniority list ba

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