The court established that compliance with Rule 6-A of the Telangana State Public Service Commission Rules is essential for ensuring that vacancies are filled by selecting the next meritorious candidate.

ORDER :

Nagesh Bheemapaka, J.

In this Writ Petition, petitioner challenges the action of the Telangana State Public Service Commission (TGPSC) in not considering his case against any unfilled vacancies that arose due to non-implementation of Rule 6-A for candidates who got impleaded in Writ Petition No. 29737 of 2018, as per the directions dated 23.08.2008 and the impugned revised selection notification No. 20 of 2017 dated 14.04.2017 thereby affecting the legitimate right of petitioner to be considered for appointment in his turn on the basis of merit.

2. This Court in similar circumstances, while dealing with Writ Petition No. 29737 of 2018 and batch, by a common order dated 23.07.2019, directed respondents to follow Rule 6-A of the Rules to such of those candidates who got selected in the selection list other than those who are impleaded as party respondents in Writ Petition No.29737 of 2018. Now petitioner seeks a direction to the respondents to select and appoint him as per merit against any resultant vacancies due to the non-joining of the impleaded respondents in the above Writ Petition.

3. In the counter filed by the 2nd respondent Public Service Commission, it is stated that pursuant to the order in Writ Petition No. 29737 of 2018 and batch, they have obtained relinquishment from non-impleaded candidates (115) from 26.07.2019 to 30.07.2019 and 30 candidates have given their relinquishments wherein 23 got selected as Librarian in Degree and Junior colleges and 7 candidates got selection in other posts; accordingly, a fresh selection list was drawn for the post of Librarian (School) and placed the final results on Commission’s website on 27.08.2019 superseding the selection notification dated 14.08.2018 and thereafter, appointment orders were also issued to the selected candidates. It is stated petitioner was not selected due to his low merit even after seeking relinquishments from the candidates.

4. According to 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.

5. Learned Senior Counsel Sri P.S. Rajasekhar appearing for learned Standing Counsel for TGPSC submits that there is no procedure / rule which allows TGPSC to seek relinquishments again and again and the same is against the whole spirit of Rule 6-A. It is submitted that in similar circumstances, in Writ Petitions No. 20232 of 2018 and 4995 of 2019, this Court observed that until and unless Rule 6-A of TSPSC Rules of Procedure is followed and if recruitment process proceeds further and appointment orders are issued, and at that time, if a candidate does not report pursuant to the said appointment order, then, the question of considering the next meritorious candidate would not arise and the resultant vacancy will have to be tagged on to the next notification. In view of the same, it is submitted that Writ Petition is liable to be dismissed

6. 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 Off