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2024 Supreme(Online)(Tel) 38262
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, J
Damodar Reddy Gangula – Appellant
Versus
The Telangana State Public Service Commission – Respondent
WP/22320/2024
Judicial restraint is essential in recruitment matters, emphasizing that expert opinions should prevail over judicial review in academic contexts.
Headnote:(A) Constitution of India - Article 226 - Writ petitions challenging the cancellation of recruitment notification and the conduct of preliminary examination - Petitioners contended that the cancellation was illegal and arbitrary, violating public interest and previous court orders - The Commission's actions were deemed to be within its rights and in compliance with legal norms. (Paras 2-25)
(B) Recruitment Process - The court emphasized the need for judicial restraint in interfering with recruitment processes, affirming that expert opinions should prevail in academic matters. (Paras 20-22)
Facts of the case:
The petitioners challenged the cancellation of Notification No.4/2022 and the subsequent issuance of Notification No.2/2024 by the Telangana Public Service Commission, alleging that the cancellation was arbitrary and against public interest. The Commission had previously conducted preliminary examinations that faced issues, including a question paper leakage.
Findings of Court:
The court found that the Commission acted within its rights to cancel the earlier notification and issue a new one, emphasizing the importance of adhering to legal procedures and expert recommendations.
Issues: The main issues included the legality of the cancellation of the recruitment notification and the validity of the preliminary examination process.
Ratio Decidendi: The court ruled that the Commission's actions were justified and that judicial intervention in recruitment matters should be minimal, respecting the expertise of the Commission.
Result: Both writ petitions are dismissed.
COMMON ORDER
Since the issue involved in both these writ petitions is intrinsically inter related, they are taken up together, heard and being disposed of by this common order.
2) W.P. No.21239 of 2024 is filed mainly seeking to declare the web note dated 19.02.2024 through which the earlier notification No.04/2022 dated 26.04.2022 was cancelled by the Telangana Public Service Commission (in short ‘Commission’) and the consequential Notification No.02/2024 dated 19.02.2024 was issued, as illegal, unfair, unconstitutional besides being contrary to the public interest and mainly contrary to the directions of this Court in W.P.No.15811 of 2023, dated 23.09.2023, as affirmed by the Division Bench of this Court in Writ Appeal No.942 of 2023, dated 27.09.2023, and consequently to direct the Commission to conduct fresh preliminary examination in pursuance to notification No.4/2022 dated 26.04.2022 duly holding the Preliminary examination held on 09.06.2024 as illegal and unsustainable.
3) W.P. No.22320 of 2024 is filed mainly questioning the action of the Commission in not considering the objections raised to the preliminary key before publishing the list of candidates who cleared the preliminary examination as illegal and arbitrary and consequently to cancel the entire preliminary exam held on 09.06.2024.
4) Heard Sri J. Sudheer, learned counsel for the petitioners in W.P. No.21239 of 2024, Sri Goda Siva, learned Senior counsel, representing Mrs.Goda RamaLakshmi, learned counsel for the petitioners, in W.P. No.22320 of 2024, and Sri S.Rahul Reddy, learned Special Government Pleader representing learned Additional Advocate General, appearing for the Commission in both the Writ Petitions.
In W.P. No.21239 of 2024
5) Learned counsel for the petitioners has submitted that after bifurcation of erstwhile State of Andhra Pradesh into two States, no fresh Group-I notification was issued till 2022 and it took 8 years for Telangana Government/TGPSC to issue Group-I notification. Finally, the Notification No.4/2022, dated 26.04.2022 (A-1), was issued for recruitment to the posts of Group-I Services notifying 503 vacancies inviting applications from eligible candidates. The selection process consists of preliminary examination for 150 marks, objective type through OMR basis, which marks are not counted for main selection. The successful candidates in preliminary examination will be allowed to write main examination/ main selection consisting of 7 papers and the marks thereof would be the basis for final selection. The procedure of interviews is dispensed with unlike earlier notifications. In pursuance to the Notification dated 26.04.2022, a preliminary examination was conducted on 16.10.2022 wherein about 2.8 lakh candidates appeared by spending their time and energy and even the Commission has spent huge amounts from the public exchequer to conduct the preliminary examination. Learned counsel has urged that due to the incapacity of the Commission in conducting a fool proof preliminary examination, there was a question paper leakage, which resulted in cancellation of preliminary examination vide web note dated 17.03.2023. Thereafter, on 11.06.2023, second preliminary examination was conducted. However, the issue of conducting the second preliminary examination fell for consideration before this Court in W.P.No.15811 of 2023 wherein this Court, after noticing several lapses, has allowed the writ petition on 23.09.2023. Questioning the same, the Commission has filed W.A. No.942 of 2023 wherein the Division Bench of this Court has dismissed the appeal on 27.09.2023 confirming the order dated 23.09.2023 passed by the learned Single Judge in W.P.No.15811 of 2023. Further, though the Commission has approached the Hon’ble Supreme Court vide SLP(C) Diary No.44500 of 2023, the same was withdrawn on 19.02.2024. On the same day, the Commission has cancelled the earlier notification dated 26.04.2022 without assigning any specific reasons and simply stating that
