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IN THE HIGH COURT OF TELANGANA
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY, JJ.
Musini Ramesh - Appellant
Vs.
Telangana Residential Educational Institutions Recruitment Board TREIRB - Respondent
Writ Appeal Nos.910, 1256, 1345 of 2024 & Writ Petition No.18583 of 2024
Decided On : 21-04-2025
Based on the provided legal document, the key points are as follows:
The recruitment process for the posts of Craft Teachers and Art Teachers was initiated through notifications issued by the Telangana Residential Educational Institutions Recruitment Board (TREIRB) on 05.04.2023, which explicitly stated that the question papers would be bilingual in English and Telugu (!) .
The examination conducted on 01.08.2023 for the post of Art Teachers was held only in English, contrary to the notification's requirement of bilingual question papers, which disadvantaged candidates educated in Telugu medium (!) .
The court found that the action of TREIRB in conducting the examination solely in English was arbitrary and illegal, violating the terms of the notification and the candidates' rights under Articles 14 and 16 of the Constitution of India (!) (!) .
The court emphasized that recruitment authorities must adhere strictly to their own notifications and cannot alter examination criteria or methods after the commencement of the process, as such changes violate principles of fairness and transparency (!) (!) (!) .
The court noted that changing the examination language after the process has begun amounts to changing the rules of the game post hoc, which is impermissible and leads to arbitrariness (!) (!) (!) .
The court directed TREIRB to conduct a fresh examination for the posts of Art and Craft Teachers in both English and Telugu, as originally specified in the notifications, to ensure fairness and uphold the rights of all candidates (!) .
The judgment dismissed the appeals by TREIRB and certain candidates who argued that conducting a re-examination would cause undue hardship and delay, reaffirming that adherence to the notification terms is paramount (!) (!) .
The court's decision underscores the importance of transparency, adherence to announced procedures, and the protection of candidates' rights under constitutional provisions in public recruitment processes (!) (!) .
These points summarize the court's findings, reasoning, and directions based on the legal principles and facts presented in the document.
JUDGMENT :
(Laxmi Narayana Alishetty, J.)
Writ Petition No.18583 of 2024 is filed to declare the action of Telangana Residential Educational Institutions Recruitment Board (for brevity, hereinafter referred to as ‘TREIRB’) in not conducting examination dated 01.08.2023 in Telugu language for the post of Craft Teachers in Residential Educational Institutions Societies as per Notification No.07/2023, dated 05.04.2023, as illegal and arbitrary, and consequently, to direct TREIRB to conduct fresh examination to the post of Craft Teachers in bilingual mode, i.e., English and Telugu.
2. W.A.No.910 of 2024 is filed by writ petitioner Nos.1 and 2 in W.P.18583 of 2024 aggrieved by the interim order dated 16.07.2024 passed in WP No.18583 of 2024.
3. W.A.No.1256 of 2024 is filed by TREIRB and W.A.No.1345 of 2024 is filed by the candidates aggrieved by the order dated 04.04.2024 passed by a learned single Judge of this Court in W.P.No.22593 of 2023.
4. Since the issue involved in all these cases is one and the same, all the cases are heard together and are being disposed of by this common judgment.
5. Heard Sri Baglekar Akash Kumar, learned counsel for the appellants in WA.No.910 of 2024 and the petitioners in WP.No.18583 of 2024, Sri V.Yadu Krishna Sainath, learned counsel for appellants in WA.No.1345 of 2024, Sri N.Ramesh, learned Standing Counsel for TREIRB and learned Government Pleader for Higher Education.
6. For convenience, the parties are hereinafter referred to as they are arrayed in W.P.No.18583 of 2024 and the facts of the case as narrated in Writ Petition No.18583 of 2024 are referred hereunder:
7. Respondent No.1 issued Notification No.07/2023 dated 05.04.2023 inviting On-line applications from qualified candidates for direct recruitment to the post of Craft Teachers in Residential Educational Institutions Societies. In the said notification, at Para-I (1) (v), it was mentioned that question paper will be bilingual i.e., English and Telugu. Petitioners responded to the said notification and submitted their applications. Examination was conducted on 01.08.2023, however, contrary to the notification, the question paper was given in English language only instead of giving in both English and Telugu languages. Petitioners made oral representation to the authorities concerned requesting to cancel the examination and to conduct re-examination in both English and Telugu languages. However, as no action was taken by the authorities concerned, Writ Petition No.18583 of 2024 was filed by the candidates seeking to declare the action of TREIRB in not conducting the examination dated 01.08.2023 in Telugu language for the post of Craft Teachers in Residential Educational Institutions as illegal and arbitrary and a learned single Judge of this Court while issuing notice before admission, passed interim order, dated 16.07.2024, holding that any selections made pursuant to Notification No.07/2023, dated 05.04.2023, shall be subject to the final outcome of the said writ petition. Aggrieved by the said interim order dated 16.07.2024 and non-granting of relief of withholding the declaration of results of examination dated 01.08.2023 conducted for the post of Craft Teachers, petitioner Nos.1 and 2 therein preferred W.A.No.910 of 2024.
8. It is further averred that earlier, some of the candidates who wrote examination for the post of Art Teachers have filed W.P.No.22593 of 2023 seeking to declare the action of TREIRB in not conducting the examination in Telugu language as null and void and a learned single Judge of this Court vide order dated 23.08.2023 granted interim order directing the respondents not to finalize the results of the examination held on 01.08.2023 until further orders. In view of the said interim order, TREIRB has not declared the results of examination held for the post of Art Teachers.
9. Subsequently, the said W.P.No.22593 of 2023 was disposed of by the learned single Judge vide order dated 04.04.2024 holding that the action of TREIRB
Recruitment authorities must adhere to their own notifications, and changing examination criteria post-commencement is impermissible, violating candidates' rights under Articles 14 and 16.
The examination for the Art Teacher post must be conducted in both English and Telugu as per the notification, ensuring fairness and adherence to procedural guidelines.
The requirement of proficiency in Telugu for judicial positions is justified for efficient administration of justice and does not violate constitutional principles of equality.
The requirement of proficiency in Telugu for judicial recruitment is upheld as a valid policy decision, not violating fundamental rights or being arbitrary.
Recruitment processes must adhere strictly to advertised terms; deviations compromise fairness and legality.
Court upheld that examination instructions specifying English as authoritative in case of translation discrepancies are binding, rejecting claims based on incorrect application of precedents.
The introduction of a Tamil qualifying paper for recruitment does not violate candidates' rights if it is a legitimate policy decision; changing selection criteria post-process is lawful if properly ....
The court established that modifications to recruitment eligibility conditions did not violate constitutional rights and maintained that merit-based evaluation prevails over qualification type.
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