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2025 Supreme(Telangana) 504

IN THE HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA, J.
K. Devika - Appellant
Versus
State of Telangana - Respondent
Writ Petition No. 12700 Of 2019 
Decided On : 21-03-2025

Advocates:
Advocate Appeared:
For the Appellant : GODA RAMALAKSHMI
For the Respondent: GP FOR SCHOOL EDUCATION TG

Strict adherence to recruitment rules is mandated to ensure timely appointment of meritorious candidates in public service, especially when vacancies arise due to relinquishments.

Headnote:(A) Telangana State Public Service Commission Rules - Rule 6-A - Recruitment proceedings - The petitioner challenged the selection notification of candidates for the post of School Assistant (Physical Education), asserting that the Rules were not followed, resulting in vacant positions. The respondent commission failed to follow Rule 6(A), leading to unfilled vacancies. The court emphasized the necessity of adherence to the rules regarding relinquishment and appointment. Based on previous judgments, it was determined that if a selected candidate does not join, the next candidate should be appointed as per merit, indicating importance of efficient public employment processes. (Paras 2, 4, 6, 14)

(B) Judicial precedents - The court referred to earlier rulings asserting that vacancies should not go unfilled if the relevant protocols are not followed, highlighting the necessity of timely actions in recruitment processes. (Para 8)

Facts of the case:
The petitioner argued that her name should be included among those provisionally selected, as a selected candidate relinquished the role but the commission failed to act on it. (Paras 10, 11)

Findings of Court:
The court ruled that if the selected candidate does not join, the petitioner must be considered for the position. (Paras 13, 14)

Issues: The key issue was whether the commission properly applied Rule 6(A) in the selection process and addressed the relinquished candidacy.

Ratio Decidendi: The court reaffirmed that adherence to recruitment rules is mandatory to ensure all merit-listed candidates are given fair opportunity, rejecting the commission's failure to operate the merit list correctly.

Result: Writ Petition allowed.

Table of Content
1. impacts of rule 6(a) violations on vacant positions. (Para 1 , 2 , 3)
2. procedural context of past court orders on vacancies. (Para 4 , 5)
3. duties of tgpsc in respecting compliant procedures. (Para 6 , 7)
4. interpretation of vacancies under prior rulings. (Para 8 , 9 , 11)
5. final decision to clarify merit-based appointments. (Para 12 , 13 , 14)

ORDER :

Nagesh Bheemapaka, J.

In this Writ Petition, petitioner challenges the action of the Telangana State Public Service Commission (TGPSC) in publishing the selection notification dated 19.01.2019 of the provisionally-selected candidates for appointment to the post of School Assistant (Physical Education) under the 1st respondent notification No. 55 of 2017, dated 21.10.2017. A consequential direction is sought to the 2nd respondent to follow Rule 6-A and select and appoint petitioner as per her merit by removing all the candidates who have relinquished their candidate to the post of School Assistant (Physical Education).

2. According to Sri Goda Siva, learned Senior Counsel appearing on behalf of Smt. Goda Ramalakshmi, as per Rule 6(A) of the TELANGANA STATE PUBLIC SERVICE COMMISSION RULES , if any selected candidate does not take up the offer of appointment, then the same has to be offered to the next meritorious candidate in the order of merit. Admittedly, in the instant case, TGPSC has not followed the said Rule, thereby many of the notified posts are lying vacant, submits learned Senior Counsel.

3. The Recruiting Agency - TGPSC issued various Notifications for filling up of vacancies of Trained Graduate Teachers in various subjects, Secondary Grade Teachers in English and Telugu Media, Hostel Welfare Officers in Grade-II in the hostels run for Scheduled Castes, Scheduled Tribes and Backward Classes, Language Pandits and School Librarians.

The selection process in respect of all the above posts include written examination, certificate verification in the ratio of 1:2 and eventual selection in the ratio of 1:1 for one to get eventually selected to the posts, referred to supra. Though all the Notifications were independently issued by TGPSC and selection process conducted separately, results of the written examination were declared proximately close to one another.

As can be seen from the list of posts for which selection process took place, general educational qualifications required for the posts notified are by and large common, but the hierarchy and the place of work would be one of the crucial factors for the candidates to take a call where they find their names in the list of selected candidates suitable for certificate verification. To elaborate this point a little further, it would be necessary to state that a Trained Graduate Teacher is definitely superior to a Secondary Grade Teacher; similarly, a Librarian in a Junior College is superior to a Librarian in the School. Insofar as Hostel Welfare Officers are concerned, the Hostels run for the Scheduled Tribe candidates in scheduled areas would normally be preferred by candidates belonging to the said group as their possibilities of transfers would be far and few and therefore, a person who is selected both for a BC Hostel and SC Hostel would definitely not prefer to participate in the further process of selection in respect of posts to which they would be given a second preference.

The recruitment procedure is regulated by the TELANGANA STATE PUBLIC SERVICE COMMISSION RULES . The system of maintenance of wait list is dispensed with and PSC is required to prepare the merit list to the extent of vacancies notified only. For any reason, selected candidates do not join in the post offered to him or after joining the post, he leaves the employment, the said vacancies go to the next recruitment. However, the fact remains that many times, candidates do not join the post to which they are selected or though they join the post, leave the employment immediately thereafter. This can be for various reasons. To obviate

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