ORDER :

These Writ petitions are filed for the following relief:

“…to issue a Writ, Order or Orders more particularly one in the nature Writ of Mandamus declaring that the petitioners are eligible and entitle for appointment to the post of Pharmacist with the higher qualification of B. Pharmacy as per merit obtained in the written test and as per the offer of appointment order dated 09.03.2017 issued by the 2nd respondent by taking into consideration of the Ad-hoc rule issued vide GO.Ms.No.282 GAD dated 20.09.2003 and the law laid down by the Hon’ble Apex Court as well as this Court and consequently direct the respondent to issue final appointment orders to the petitioners as Pharmacists with all consequential benefits, by holding the action of the respondents in not appointing the petitioners on the sole ground that the petitioners possessed the higher qualification of B.Pharmacy than that of the prescribed minimum qualification of Diploma in Pharmacy is as illegal, arbitrary, discriminatory and subversive of Articles 14, 16 of the Constitution of India and pass….”

2. Since the facts of the case and the issue involved in both these Writ Petitions are identical, these Writ Petitions are taken up together and are being disposed of by this common order.

3. For convenience, the facts in W.P.No.10147 of 2017 are discussed hereunder:

The petitioners have contended that they have completed their B.Pharmacy Degree from Kakatiya University, Warangal, and they are eligible for selection to the post of Pharmacist. As per the notification No.1/2016 of the 1st respondent, the petitioners have applied for the post of Pharmacist. As per notification, the minimum qualification prescribed for the said post is Diploma in Pharmacy. It is also clear from the application form against the column of the examination passed is diploma / graduation / PG. And against the column of prescribed qualification, is a diploma in Pharmacy. As per the column of examination passed, it is very clear that B.Pharmacy candidates are also eligible to apply to the post of Pharmacist.

3.1 Petitioners have further contended that they were permitted to appear for written examination and they have secured 78.66 and 86.00 respectively out of 100 marks. A provisional merit list of candidates was published which includes the names of the petitioners at Sl.No.4 and 1 respectively. The final selection list was published on 06.03.2017 wherein the petitioners’ names were shown at Sl. No.5 and 1 respectively. According to this, the 2nd respondent had issued a provisional offer of appointment order dt.09.03.2017 directing the petitioners to appear before them on 24.03.2017 for verification of certificates. However, in clause-8 of the offer of appointment order dated 09.03.2017, it was stated that “if you are possessing the qualification other than the qualifications prescribed/notified in the notification No.01/2016 for the posts of Pharmacist, your candidature will not be considered during the verification of original certificates, as such, you are informed to ensure the eligibility parameters in all aspects including qualification before reporting for verification of original certificates on 24-3-2017.”

3.2 It is further contended by the petitioners that along with the offer of the appointment order, the respondents also enclosed Annexure-I, i.e. terms and conditions of appointment, wherein, it is clearly mentioned that the petitioners are provisionally appointed as Pharmacist on a basic pay of Rs.17,605.41. Later, the petitioners approached the 2nd respondent/General Manager and informed that they possess the qualification of a B.Pharmacy, but surprisingly, the respondents informed the Petitioners that they will not be considered for the said post, as they did not have the minimum qualification of Diploma in Pharmacy, though they possess the higher qualification of B.Pharmacy. Ag