ORDER :

Heard the Learned Counsel for the Petitioner and the Learned Assistant Government Pleader for Services-II.

2. The present Writ Petition is being filed seeking to declare that the petitioner is entitled to be considered and appointed as Food Safety Officer in the Office in the Director, Institute of Preventive Medicine Public (Health) Laboratories and Food (Health) Administration and Greater Hyderabad Municipal Corporation in the State of Telangana, consequent to the declaration of the results dated 01/06/2020, in pursuance of the Notification No. 10/2019 dated 31/12/2019 issued by the 2nd Respondent and consequently the action of the respondents in not considering the claim of petitioner for appointment to the post of Food Safety Officer on the ground that the Petitioner is holding a degree in Medicine in Homeopathy and not including the name of the petitioner in the provisional selection list dated 18.07.2020 for the post of Food Safety Officer.

3. The case of the Petitioner, in brief, is as follows:

A) The Petitioner herein belongs to BC-D category (Mudiraj Caste) and has passed Bachelor of Homeopathic Medicine and surgery in the year April 2008 from Dr. NTR University of Health Sciences, Vijayawada, A.P. Subsequently, in January 2014 petitioner also had passed Post-Graduation degree of Doctor of Medicine in Homeopathy from the J.S.P.S. Government Homeopathic Medical College, Hyderabad, T.S. and had been working as Scientific Officer on contract basis.

B) Subsequently, the 2nd Respondent had issued a Notification No. 10/2019 dated 31.12.2019, for General Recruitment of Food Safety Officer in the Director, Institute of Preventive Medicine Public (Health) Laboratories and Food (Health) Administration and Greater Hyderabad Municipal Corporation and in the said notification, it is stated that whoever possess the requisite qualification for the post code 01 and 02 may apply online by satisfying themselves about the terms and conditions of this recruitment.

C) Petitioner, being eligible, had applied online for the notified post at PATA 1 Clause (3) of the post code 01 and 02, since the petitioner had complied with the requisite education qualification and other conditions as detailed in the notification No. 10/2019 dated 31/12/2019 for the post of Food Safety Officer stated at Post Code 01 and 02. The petitioner appeared for the exam for the post of Food Safety Officer.

D) The results of the examination conducted were declared on 01/06/2020 and the petitioner had secured 100th Rank. The minimum qualifying marks for selection of BCs is 35% and the petitioner has cleared the exam and was intimated to upload the certificates for online verification. On 10/06/2020, the petitioner has submitted all the required certificates for online verification by the respondents.

E) On 18/07/2020 the 2nd Respondent had released the selection notification and the petitioner’s Hall Ticket was not published in the list, inspite of Petitioner securing 100th Rank in the said examination. However, candidate holding Rank No. 131 was provisionally selected and published in the list.

F) Later on, it was informed that the petitioner was not selected since the petitioner holds degree in Homeopathy Medicine and the same cannot be considered for the post of Food Safety Officer. It is further submitted that, the petitioner after having gone through all the selection process as required and having permitted to participate in the process of selection, the petitioner cannot be denied with the opportunity of being considered and appointed as Food Safety Officer after having secured 177/300 marks and Rank No. 100 in the examination conducted on 23/02/2020 and being eligible for the said post in BC-D category in Zone-VI - Charminar.

G) The manner in which the list dated 18-7-2020 is released with a candidate holding lesser rank than the petitioner is obvious