Court affirmed the entitlement to service weightage points for contractual employment, invalidating the outsourcing classification that affected selection.

ORDER

Pulla Karthik, J.:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the impugned Memo No: 467/ RP- II/2017 dated 09.10.2024 as arbitrary and illegal and set aside the same and consequently direct the Respondents to award five weightage marks for the contract service of petitioner from July, 2015 to June, 2017 as Lab Technician at Osmania Medical College, Hyderabad and direct the respondents to consider his case for selection and appointment to the post of Lab Technician Grade-II pursuant to the Notification No.67/2017, dated 18.12.2017 of the third respondent and pass…”

2. Heard Sri Sarasani Sathyam Reddy, learned Senior Counsel, representing Sri Sarasani Rahul Reddy, learned counsel for the petitioner, learned Government Pleader for Services-I, appearing on behalf of respondent Nos.1 and 2, and Sri P.S. Rajasekhar, learned Standing Counsel appearing for respondent No.3.

3. Learned Senior Counsel for the petitioner submits that the petitioner, belonging to Scheduled Caste community, having possessed the qualification of B.Sc. (MLT), earlier worked as a contract employee in Osmania Medical College, Hyderabad, from July, 2015. As such, in pursuance of Notification No.67/2017 dated 18.12.2017, issued by respondent No.3, the petitioner applied for the post of Lab Technician Grade-II, appeared and successfully qualified in the written examination and was thus called for verification of his certificates on 08.08.2023. It is submitted that as per the Notification, out of the total (100) points, a maximum of (70) points were to be awarded for written examination, while (30) points for experience. Therefore, since the petitioner had earlier worked as Lab Technician on contract basis from July, 2015, to June, 2017, he is fully entitled for award of service weightage points. However, he was not awarded the said points, due to which, his selection had affected. As such, the petitioner was constrained to file W.P.No.19077 of 2024 before this Court, which was disposed of vide order dated 19.07.2024, permitting the petitioner to make a representation and the authorities were directed to consider the same and pass appropriate orders in accordance with law.

4. It is further submitted that in compliance with the said order of this Court, the petitioner submitted his representation to the respondents on 20.07.2024, and his request for awarding service weightage points was illegally and arbitrarily rejected by respondent No.3 vide impugned Memo dated 09.10.2024, holding that the petitioner had only worked as an outsourcing employee, which is factually incorrect, as the petitioner’s earlier appointment order dated 21.05.2025 categorically mentioned that he was appointed as a contract employee. It is also submitted that the Principal, Osmania Medical College, Hyderabad, issued an experience certificate dated 30.09.2024, which also goes to show that the petitioner had rendered his services as a contractual employee since 2015. As such, the petitioner is fully eligible and entitled for awarding the service weightage points for his contractual service. Therefore, learned Senior Counsel seeks indulgence of this Court to issue necessary directions to the respondents for awarding the service weightage points to the petitioner for his services during July, 2015 and June, 2017.

5. On the other hand, learned Government Pleader appearing for respondent Nos.1 and 2 submits that the petitioner had produ