Eligibility criteria for public service positions cannot solely depend on the timing of professional qualifications when educational qualifications are met prior to the notification date, violating principles of natural justice.

ORDER :

NAMAVARAPU RAJESHWAR RAO, J.

1. This writ petition is filed seeking the following relief:

“…..to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus and Declaration, thereby, declaring the action of Respondent No.1 in rejecting the candidature of petitioner for the post of Lab Technician Grade-II as being illegal, arbitrary, unfair, unknown to service jurisprudence, violative of Articles 14 and 21 of the Constitution of India, contrary to original Notification No.67/2017, dated 18.12.2017 and also contrary to G.O.Rt.No.88, dated 15.02.2018 and consequently direct respondent No.1 to declare that the petitioner is entitled to be appointed for the post of Lab Technician Grade-II as per merit list in Open or SC category in any one of the existing vacancies with all consequential benefits….”

2. Heard Sri Baglekar Akash Kumar, learned counsel appearing for the petitioner and Sri P.S. Rajasekhar, learned Standing Counsel appearing for the respondents.

3. Brief facts of the case are as follows :-

(i) The 1^st respondent issued Notification bearing No.67/2017, dated 18.12.2017 for filling up the posts of Lab Technician Grade-II in DPH and FW, DME and Lab Technician in TVVP. The educational qualification for the said posts was intermediate, DMLT or B.Sc. (MLT) from the recognized University and the candidate must be registered with para-medical board AP/TS. When some of the students challenged the above Notification before this Hon’ble Court, the Hon’ble Division Bench of this Court in W.A.No.188 of 2018 dated 07.02.2018 directed the respondents to take a decision, if the grievance of the appellants therein can be considered. Pursuant to the direction of this Court, the Government of Telangana issued G.O.Rt.No.88, dated 15.02.2018, wherein twelve courses approved by Para-Medical Board-2nd respondent were made eligible for the post of Lab Technician Grade-II. Out of the twelve courses, B.Sc. (Micro Biology) being one.

(ii) Based on the said G.O.Rt.No.88, the 1st respondent issued a Web Note calling upon the candidates, who are having qualifications as per the said G.O., to apply for the post of Lab Technician Grade-II. Thereafter, the 1^st respondent issued another Web Note extending the last date for submission of applications upto 10.03.2018. The petitioner belongs to Scheduled Caste community and completed his intermediate education through the Board of Intermediate Education in the year 2006 with ‘B’ Grade. Thereafter, the petitioner has completed his graduation in Bachelor of Science (B.Sc) from the Osmania University in the year 2008-2009 and the subjects in B.Sc., were Botany, Chemistry and Microbiology.

(iii) The course of B.Sc (Micro Biology) was approved by the 2^nd respondent and to that extent, G.O.Rt.No.88 was issued by the 3rd respondent and therefore, the petitioner made an application to the 2^nd respondent for grant of Certificate of Registration as per the Telangana Para Medical Board Act, 2006. Based on the said application, the 2nd respondent granted Certificate of Registration as Para Medical Technician/Professional in Medical Lab Service vide proceedings dated 06.03.2018. Since the petitioner is eligible as per the revised Notification, he has applied for the post of Lab Technician Grade II in online mode by uploading all the requisite documents. The petitioner has appeared for the examination and he has obtained 43.784 marks out of 100 marks. Thereafter, the 1^st respon