IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J
T. Lavanya – Appellant
Versus
The Telangana State Northern Power Distribution Company Ltd. – Respondents
Writ Petition No.46293 of 2018
Decided on : 21-08-2024
(A) Constitution of India – Articles 14, 16, and 21 – Writ petition for mandamus to declare the respondents' action in not issuing Call Letters for certificate verification as arbitrary and illegal – Petitioners, belonging to SC and BC-A categories, qualified in the written examination for Sub-Engineer (Electrical) posts but faced postponement of verification due to Election Code – Court directed respondents to consider petitioners' representation for filling vacancies arising from Notification No.2 of 2018. (Paras 1, 2, 10)
(B) Recruitment – Certificate verification process – The court emphasized the necessity of adhering to due process in recruitment and the importance of timely verification of candidates' qualifications. (Paras 3.1, 10)
Facts of the case: Petitioners, diploma holders in Electrical Engineering, attended a written test for Sub-Engineer positions and received call letters for certificate verification, which was postponed due to the Election Code. They sought relief for not being verified despite their qualifications.
Findings of Court: The court found that the petitioners were eligible for consideration for vacancies and directed the authorities to process their representation within two months.
Issues: The main issues were the legality of the respondents' actions regarding certificate verification and the petitioners' eligibility for appointment.
Ratio Decidendi: The court ruled that the postponement of verification was unjust and emphasized the need for timely action in recruitment processes.
Result: Writ petition disposed of with directions to consider petitioners' representation.
ORDER :
This writ petition is filed praying to grant the following relief:
2. Brief facts:
Petitioners belong to Nizamabad and Khammam Districts and belong to SC and BC-A communities respectively. They are Diploma Holders in Electrical and Electronics Engineering. Petitioner No.1 passed B.Tech., in Electrical and Electronics Engineering from JNTU. Pursuant to Notification No.2 of 2018, dated 24.05.2018, for recruitment to the post of Sub-Engineers (Electrical), petitioners submitted their online applications and they were issued Hall Tickets bearing Nos.1040582 and 1120644 respectively. Petitioners attended written test held on 08.07.2018 and secured 56 and 84 marks respectively and their ranks were 3267 and 315 respectively.
2.1 Petitioners were issued call letters by the concerned Superintending Engineers, dated 24.09.2018 and 25.09.2018, requesting to attend for certificate verification on 03.10.2018 and 05.10.2018 at the respective Circle Offices. Certificate verification was postponed due to election code and they were intimated that the date of verification of original certificates would be communicated. The grievance of the petitioners is that verification of their original certificates was not done nor any date was intimated and that having qualified in written examination they are eligible for appointment as Sub-Engineers against the notified vacancies under the SC and BC-A Categories respectively. Hence, the writ petition.
3. It is submitted by learned counsel for petitioners that pursuant to notification issued in the month of May, 2018 for recruitment to the post of Sub-Engineers (Electrical), petitioners submitted online applications, appeared for the written examination with Hall Tickets bearing No.1040582 and 1120644 on 08.07.2018. It is further submitted that petitioners secured 56 and 84 marks and they were allotted ranks of 3267 and 315. It is also submitted that they belong to SC and BC-A categories and are from Nizamabad and Khammam Districts.
3.1 It is submitted that the petitioners received call letters from the concerned Superintending Engineers, Operation Circle of Nizamabad and Khammam District, for verification of certificates on 03.10.2018 and 05.10.2018 pursuant to the result of written examination conducted on 08.07.2018. It is further submitted that petitioners were ready and willing to be subjected for certificate verification and were prepared with the certificates as indicated in the call letters dated 24.09.2018 and 25.09.2018 before the concerned authorities. But, verification of certificates was not undertaken in spite of issuance of letters. It is also submitted that thought petitioners were ready and willing to subject themselves to certificate verification, the said verification process was postponed as Election Code, had come into operation.
3.2 It is submitted that pet
The court emphasized the necessity of timely certificate verification in recruitment processes, affirming the rights of eligible candidates under Articles 14, 16, and 21 of the Constitution.
Candidates are responsible for attending certificate verification and counseling as per the notification, and illness does not justify a separate process, especially after a significant time has pass....
The court affirmed that employment decisions must adhere to established rules and that claims of entitlement must be substantiated with evidence.
The court ruled that candidates must adhere to the selection process terms, and failure to appear for document verification despite multiple opportunities negates any claim for relief.
The main legal point established is the requirement to adhere to principles of natural justice, including informing the reasons for rejection and providing the opportunity to rectify defects, in admi....
The court emphasized the importance of timely action in seeking remedies and the feasibility of granting relief after a significant lapse of time.
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
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