The Public Service Commission acted within its authority to cancel and reissue notifications for recruitment, and participants cannot challenge the process post-results.

JUDGMENT :

Abhinand Kumar Shavili, J.

1. Both these Writ Appeals are being disposed of by way of this common judgment since the issue raised in these Writ Appeals is one and the same.

2. Both the Writ Appeals are filed against the common order, dated 15.10.2024 passed by the learned Single Judge in W.P. Nos.21239 and 22320 of 2024.

3. Heard Sri J. Sudheer, learned counsel for the appellants in W.P. No.1188 of 2024, Sri Goda Shiva, learned Senior Counsel for the appellants in W.P. No.1190 of 2024, Sri P.S. Rajashekar, learned Standing Counsel appearing for the 1st respondent-Telangana Public Service Commission, Hyderabad and the learned Special Government Pleader appearing for the 2nd respondents- State in both the Writ Appeals.

4. For the sake of convenience, the facts in W.A. No.1188 of 2024 are discussed hereunder.

5. Learned counsel for the appellants had contended that the appellants have responded to a notification issued by respondent No. 1-Telangana Public Service Commission, Hyderabad (for brevity 'Public Service Commission') on 26.04.2022 for the post of Group-I vacancies. In all, 503 vacancies were notified and the Preliminary Examinations were conducted. However, as the question paper was leaked, that necessitated the State Government to cancel the preliminary examinations on 17.03.2023. Subsequently, the preliminary examinations were once again conducted on 09.06.2024 and they were also cancelled in pursuance of the orders passed by this Court in W.P. No.15811 of 2023, dated 23.09.2023 on the ground that the biometric attendance was not conducted for the candidates who have appeared for the preliminary examinations. The learned Single Judge of this Court has directed the Public Service Commission to re-conduct the preliminary examination by taking biometric attendance for the examinations. Instead of re-conducting the examinations in pursuance to the original notification, dated 26.04.2022, the Public Service Commission has cancelled its original notification on 19.02.2024 without having any power and issued a new notification on the same day i.e. 19.02.2024. This time, in all, 563 posts were notified.

6. Learned counsel for the appellants had further contended that earlier notification, dated 26.04.2022 was confined to only 503 vacancies and the Public Service Commission could not have cancelled its earlier notification, thereby allowing so many others who became qualified after issuance of original notification dated 26.04.2022, to compete for the very same 503 vacancies, and this unwarranted action of the Public Service Commission has marred the chances of the appellants for selections.

7. Learned counsel for the appellants had further contended that when original notification was issued on 26.04.2022, there was no increase of percentage of reservation in favour of ST candidates. However, with new notification, the percentage of reservation for ST candidates has been increased from 6% to 10% vide G.O. Ms.No.33 dated 30.09.2022. If the original notification had been followed, the ST reservations would be confined only to 6% and in view of the issuance of the fresh notification, the ST category candidates are now being benefitted by extra 4% of reservation.

8. Learned counsel for the appellants had further contended that as per the original notification, dated 26.04.2022, only few set of individuals were eligible. However, with the issuance of new notification on 19.02.2024, many candidates who were not eligible as on the date of earlier notification have become eligible and the competition for the Group-1 post is increased by multi-fold. Learned counsel for the appellants had further contended that the revised procedure is being followed by the Public Service Commission pursuant to G.O. Ms.No.29, dated 08.02.2024, wherein Public Service Commission has called the candidates in the ratio 1:50 for the main examinations, thereby more ST candidates are being called with the enhanced reservation accorded in their favour, which