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2025 Supreme(Telangana) 524

IN THE HIGH COURT OF TELANGANA
Nagesh Bheemapaka, J.
B. Ashok Kumar - Appellant
Versus
State of Telangana - Respondent
Writ Petition No. 13887 of 2020 
Decided On : 21-03-2025


Advocates:
Advocate Appeared:
For the Appellant : RAMESH BURA
For the Respondent: GP FOR FINANCE PLANNING TG

Rule 6(A) mandates filling vacancies by the next meritorious candidate if a selected candidate does not join, emphasizing timely opportunities in public employment.

Headnote:(A) Telangana State Public Service Commission Rules - Rule 6(A) - Writ Petition by a candidate seeking to declare the inaction of the Commission in filling unfilled vacancies for Mandal Planning and Statistical Officer as illegal - The petitioner is eligible and qualified but positions remain unoccupied due to non-joining and relinquishment. (Para 1)

(B) Recruitment Process - The procedure mandates that if selected candidates do not join, the offer should go to the next candidate in order of merit, which was not followed in this case. (Para 2)

(C) Judicial Precedents - Reference to prior judgments clarifying compliance with Rule 6(A) is essential in this case. (Para 8)

(D) Recruitment Principle - Public employment is seen as crucial for providing opportunities to deserving candidates, and not filling vacancies undermines this ethos. (Para 8)

Facts of the case:
The petitioner highlighted that several vacancies from the direct recruitment notification dated 02.06.2018 for Mandal Planning and Statistical Officer remain unfilled due to relinquishments and inaction by the 2nd respondent. (Para 10)

Findings of Court:
The court directed the 2nd respondent to consider the petitioner's candidature for the unfilled vacancies and issue appointment as per notification. (Para 14)

Issues: Whether Rule 6(A) was properly complied with in filling the vacancies from the recruitment process and the implications of candidate relinquishments. (Paras 2, 10)

Ratio Decidendi: The court emphasized adherence to Rule 6(A) regarding unfilled vacancies due to non-joining. The importance of timely redress for candidates is crucial for ensuring public employment opportunities. (Para 8)

Result: Writ Petition allowed, directing the filling of unfilled vacancies and appointment of the petitioner.

Table of Content
1. petitioner seeks declaration regarding unfilled vacancies. (Para 1)
2. arguments regarding adherence to rule 6(a) and filling vacancies. (Para 2 , 6 , 7)
3. explanation of recruitment process and candidate's preference. (Para 3 , 4)
4. court's findings on the interpretation of rule 6(a). (Para 5 , 8 , 9)
5. petitioner's grievance regarding non-joining candidates. (Para 10 , 11)
6. court directs the commission to consider petitioner's merits. (Para 12 , 13)
7. writ petition allowed; direction to fill the unfilled vacancies. (Para 14 , 15)

ORDER :

Nagesh Bheemapaka, J.

In this Writ Petition, petitioner seeks to declare the memo dated 08.06.2020 issued by the 2nd respondent and their inaction in not completing the process of Rule 6(A) of the TELANGANA STATE PUBLIC SERVICE COMMISSION RULES of Procedure and not filling up of 16 posts remained unfilled due to non- joining and relinquishment for the direct recruitment for the post of Mandal Planning and Statistical Officer / Assistant Statistical Officer, Notification No. 12 of 2018, dated 02.06.2018, though petitioner is fully qualified and eligible to be appointed against 16 vacancies in Zone-V and VI and the period of one year for completion of Rule 6A process is going to be end on 07.08.2020 as illegal.

2. According to Sri Ramesh Bura, 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 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 re

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