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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Edla Balraju – Appellant
Versus
Telangana State Public Service Commission TSPSC – Respondent
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 1st respondent issued Notification bearing No.67/2017, dated 18.12.2017 for filling up the posts of Lab Technician Grade-II in DPH and F
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 p....
The court emphasized the importance of substantial compliance with the requirements of the advertisement and the duty of the court to impart substantial justice.
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
The main legal point established in the judgment is that substantial compliance with the requirements of the advertisement and qualification for the post should not be denied based on technicalities,....
The judgment reaffirms the principle that non-submission of requisite certificates in accordance with the advertisement's requirements is sufficient ground to reject a candidate's candidature.
The possession of prescribed educational qualification as of the cut-off date specified in the notification, the validity of relaxation of conditions, and the entitlement of candidates to be consider....
The court emphasized the importance of adhering to the prescribed educational qualifications and held that any relaxation of such requirements should be explicitly provided for in the notification.
Experience certificates can be considered for bonus marks even if the candidate was not registered at the time of service, as long as eligibility criteria are met.
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