ORDER :

This Writ Petition is filed for the following relief:

“a) to call for the records pertaining to notification 18/2011 dated 28.11.2011 and answer script of English paper of the petitioner and the standardized key to enable this Hon’ble Court to personally observe whether the petitioner’s English marks are correctly given or not, or in alternate to refer the matter to an independent expert and in the vent of he being qualified to evaluate the other answer scripts and if he is otherwise entitled to be called for further selection conduct separate interview and appoint him as per his merit and option, if need be by creating supernumerary post with effect from the date on which the other selected candidates were appointed with all consequential benefits

b) by holding the action of the respondents in not disclosing the marks of the petitioner’s written examination and finally disclosing that the petitioner is disqualified and delaying the while process under Right to Information Act and not even releasing/disclosing his own English answer script and the standardized key of English question paper and conducting the whole selection process in a very opaque and clandestine manner leading to denial of the petitioner’s right to get selected and appointed as illegal and unconstitutional; by issuing a Writ of Mandamus and pass…”

2. Heard Sri. J. Sudheer, learned counsel appearing for the petitioner and Sri. D. Balakishan Rao, learned counsel appearing for the respondent No.1 Commission.

3. Brief facts of the case are that pursuant to the notification vide No.18/2011 dt.28.11.2011 issued by the 1st respondent calling for applications from eligible candidates to apply for the posts under Group-I services. The petitioner applied for the same and appeared for the preliminary examination conducted by the erstwhile Andhra Pradesh Public Service Commission and cleared the same. The petitioner appeared in the written/main examination conducted by the erstwhile Andhra Pradesh Public Service. However due to various reasons and the bifurcation of the erstwhile State of Andhra Pradesh, the written examination was conducted afresh by the Telangana State Public Service Commission from 14.09.2016 to 24.09.2016 and the petitioner appeared for the same.

3.1. The examination consists of six (6) papers, out of which, English paper is only a qualifying paper and the marks obtained therein is not considered for deciding the merit. The petitioner was not called for interview as his name was not found in the list of candidates called for interview in 2017 and the final list of selected candidates was released in November, 2017. Subsequently, the petitioner applied for his marks within 2 months from the date of publication of final select list under Right to Information Act vide letter dt.10.01.2018 but he did not receive any reply. The petitioner, then approached the 1st respondent Commission and he was given a letter dt.27.01.2008 which contained the procedure to apply for written examination marks and was asked to submit another IPO for extra amount which the petitioner paid along with his application dated 22.02.2018.

3.2. The petitioner received a response from the 1st respondent on 21.03.2018 and was informed that he was not qualified in General English paper and as per para 11(e) of the notification No.18/2011, a disqualified candidate’s marks cannot be disclosed. The petitioner submitted a representation to the respondent on 09.08.2018 requesting for standardized key answers of the English examination and also his answer script by enclosing relevant documents and necessary fee. As there was no response, the petitioner submitted a representation under RTI Act to the Appellate Authority i.e Public Information Officer of TSPSC on 04.01.2019 for the information which he requested in earlier representation on 09.01.2018. The respondent Commission vide its proceedings dt.17.01.2019 stated that the Commission decided not to provide copies of the evaluated answ