2024 Supreme(Telangana) 58
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO, J.
Kandula Narmada and Another – Petitioners
Versus
Telangana Residential Educational Institutions Recruitment Board – Respondent
W.P. Nos. 10316, 10412 of 2019
Decided On : 16-02-2024
Advocate Appeared:
For the Petitioner: K. Udaya Sri.
For the Respondent: N. Bhupal Reddy.
IMPORTANT POINT
The main legal point established is that there is no provision for 100% reservation to local candidates of Telangana State, and the action of the respondents in not considering the petitioners for appointment was held to be arbitrary and unreasonable.
Headnote:
Reservation - Appointment to Degree College Lecturer - G.O.Ms. No. 124, G.O.Rt. No. 1274, Presidential Order, 1975 - The court held that there is no provision for 100% reservation to local candidates of the State of Telangana. The action of the respondents in not considering the petitioners for appointment to the posts of Degree College Lecturer (Economics) and Degree College Lecturer (History) respectively, is highly arbitrary and unreasonable.
Fact of the Case:
The petitioners sought appointment as Degree College Lecturers in Economics and History. The respondents did not call for verification of their certificates, citing non-local status and 100% reservation for local women candidates of Telangana State.
Finding of the Court:
The court found that there is no provision for 100% reservation to local candidates of Telangana State. The respondents' action in not considering the petitioners for appointment was held to be arbitrary and unreasonable.
Issues: The issues revolved around the eligibility of the petitioners for appointment as Degree College Lecturers and the reservation policy for local candidates.
Ratio Decidendi: The court determined that there is no provision for 100% reservation to local candidates of Telangana State and held the respondents' action as arbitrary and unreasonable.
Final Decision: The court directed the respondents to consider the petitioners for appointment to the posts of Degree College Lecturer (Economics) and Degree College Lecturer (History) respectively.
ORDER :
1. Since the issue involved in these writ petitions is one and the same, both these writ petitions are being heard and disposed of by this common order.
2. W.P. No. 10412 of 2019 is filed seeking the following relief:
“Declare the action of the respondents in not calling for verification of the certificates of the petitioner bearing Hall Ticket Nos. 136303047 (Paper-I) and Hall Ticket No. 112317083 (Paper-II) and bearing Application No. 203783 is illegal and arbitrary; to declare the proceedings Rc. No. 133/TREI-RB/2018 dated 06.08.2019 insofar as the petitioner is concerned is illegal, arbitrary and contrary to the Presidential Order; declare that the petitioner is eligible to be considered for appointment to the post of Degree College Lecturer in Economics as per the Presidential Order; and consequently direct the respondents to permit the petitioner to participate in the verification of certificates and further process of selection, i.e. demonstration for the post of Degree College Lecturer in Economics in pursuance of the notification number 04/2018 dated 02.08.2018; with a further direction to the respondents to appoint the petitioner to the post of degree college lecturer in economics as per her merit.....”
3. W.P. No. 10316 of 2019 is filed seeking the following relief:
“......declare the action of the Respondents in not calling for verification of the certificates of the Petitioner bearing Hall Ticket No. 134303044 (Paper-I) and Hall Ticket No. 109321015 (Paper-II) and bearing Application No. 203394 is illegal and arbitrary; (ii) declare the proceedings Rc. No. 133/TREI-RB/2018 dated 06.08.2019 in so far as the Petitioner is concerned is illegal arbitrary and contrary to the Presidential Order; (iii) declare that the Petitioner is eligible to be considered for appointment to the post of Degree College Lecturer in History as per the Presidential Order; and iv) consequently direct the Respondents to permit the Petitioner to participate in the verification of certificates and further process of selection i.e. demonstration for the post of Degree College Lecturer (History) in pursuance of the Notification No. 04/2018 dated 02.08.2018 with a further direction to the Respondents to appoint the Petitioner to the post of Degree College Lecturer in History as per her merit.....”
4. Heard Sri G. Vidya Sagar, learned Senior Counsel representing Smt. K. Udaya Sri, learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents.
5. For the sake of convenience, the facts in W.P. No. 10412 of 2019 are discussed hereunder:
(i) The petitioner herein completed her integrated Masters in Economics from 2010 to 2015 in Hyderabad Central University. She later qualified for UGC-NET and has been pursuing her Ph.D. in Economics from Hyderabad Central University. Pursuant to a Notification issued by the Telangana Residential Educational Institutions Recruitment Board (TREI-RB), Hyderabad, dated 02.08.2018, inviting applications for the post of Degree College Lecturers in various Residential Educational Institutions, the petitioner applied for the post of Lecturer in Economics vide an online application No. 203783. As per the Notification, in Telangana Tribal Welfare Residential Educational Institutions Society (TTWREIS), two posts in Economics in OC (Women) category were notified. In Telangana Tribal Welfare Residential Educational Institutions Society (TTWREIS) Women Institutions, four vacancies were notified under OC (Women) category, out of which, three were earmarked for Zone-V and one in Zone-VI. In Telangana Social Welfare Residential Educational Institutions (Women) (TSWREIS-W) two vacancies were notified in Zone-VI under OC (Women) category.
(ii) The petitioner secured 47.75 marks in Paper-I and 43 marks in Paper-II in the examination which were held on 14.02.2019 for Paper-I, and on 17.02.2019 for Paper-II, respectively. Thus, she secured a total of 90.75 marks and secured Rank No. 2 as per t