Non-compliance with recruitment rules can compromise fair selection; adherence to merit order and processes is essential to avoid arbitrary outcomes in public service appointments.

ORDER :

Nagesh Bheemapaka, J.

In this Writ Petition, petitioner challenges the action of the Telangana State Public Service Commission (TGPSC) in not following Rule 6-A of the Rules of Procedure dated 23.12.2015 while selecting eligible candidacies to the posts of Hostel Welfare Officers Grade-II under notification No. 7 of 2018 dated 30.01.2018 and undertaking selection and appointment to the said post in terms of the impugned selection notification dated 30.12.2019 without removing double selected candidates who are also in the selection list under notification No. 8 of 2018 dated 30.01.2018 thereby resulting in several unfilled vacancies, affecting petitioner’s right to be considered for appointment lower down in the merit list in his turn as arbitrary and illegal.

2. According to Sri Goda Shiva, learned Senior Counsel appearing on behalf of Smt. Goda Ramalakshmi, learned counsel for petitioner, 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 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