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2025 Supreme(Online)(Tel) 15027
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J
Kalva Rahul – Appellant
Versus
Commissioner of Health and Family Welfare, TG – Respondent
Writ Petition No. 30875 of 2023
For the Appellant/Petitioner: Sri S.Gopal Rao
For the Respondents: Assistant Government Pleader for Services-I
The court mandated the proper consideration of a petitioner's representations in recruitment disputes, emphasizing compliance with procedural norms.
Headnote:(A) Constitution of India - Articles 14, 16, and 21 - The petitioner sought appointment as Early Interventionist cum Special Educator, alleging incorrect marks were assigned in the provisional merit list affecting his ranking - The Court noted the error in calculation of marks as raised by the petitioner and mandated that the respondents consider his grievance accordingly. (Paras 2 to 7)
(B) Administrative Law - Recruitment process - The court emphasized the necessity for proper consideration of the petitioner's representation regarding his qualifications before making appointments, ensuring transparency and compliance with due process. (Paras 5 to 6)
Facts of the case:
The petitioner sought relief for alleged miscalculation of his marks in a job application process, claiming 68.3% as his actual score but recorded as 64.89% in the provisional merit list, impacting his rank and eligibility. The case involved employment under the National Health Mission in Telangana.
Findings of Court:
The court granted the Writ Petition, directing the 2nd respondent to review the grievance and calculation regarding the petitioner's percentage, ensuring a fair chance for the petitioner's claims within a prescribed timeframe.
Issues: The main issue was the correct calculation of the petitioner's percentage in securing an appointment, and how discrepancies in marks impact eligibility and merit listing.
Ratio Decidendi: The court directed that all representations and complaints regarding recruitment must be evaluated per established procedures and relevant notifications, necessitating personal hearings to resolve issues raised.
Result: Writ Petition allowed.
| Table of Content |
|---|
| 1. petitioner's claim for appointment based on correct marks. (Para 2 , 3 , 4) |
| 2. discussion on error in marks calculation and required rectification. (Para 5 , 6) |
| 3. court's directive for timely consideration of petitioner's representations. (Para 7) |
ORDER:
Heard Sri S.Gopal Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
“…to issue a writ in the nature of Mandamus or any other appropriate writ order or direction by declaring the action of the 2nd respondent in not considering and appointing the petitioner for the post of Early Interventionist cum Special Educator, though he secured 68.3 Percent in B.Ed Special Education (Mental Retardation/Intellectual Disability) as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider the case of the petitioner for appointment as Early Interventionist cum Special Educator, taking into account the merit of the i.e., 68.3 percent of Marks in B.Ed Special Education and appoint him as such with all consequential benefits and to pass…”
3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
The petitioner completed his B.Ed. Special Education (Mental Retardation/Intellectual Disability) with 68.3% of marks from Osmania University and got registered with Rehabilitation Council of India vide Registration Certificate C.R.R.No. A72555, dated 21.08.2021.
It is further the case of the petitioner that the 2nd respondent issued a notification vide Rc.No.E1/Recruitments/2023 dated 08.03.2023 calling applications from eligible candidates for the various posts including for the post of Early Interventionist cum Special Educator and in pursuance to the said notification the petitioner applied for the post of Early Interventionist cum Special Educator. Thereafter the 2nd respondent issued the provisional merit list calling for objections, if any, from the candidates and petitioner noticed an error in the petitioner’s marks i.e., 64.89% had been mentioned instead of 68.3%, and due to the said error rank of petitioner in the provisional merit list was mentioned as
5th instead of 2nd It is further the case of the petitioner that the petitioner made an application dated 01.05.2023 seeking the rectification of the error in the merit list with regards to the petitioner’s percentage, however, the 2nd respondent did not respond to the said application. Thereafter, the person with 1st rank did not join in the post of Early Interventionist cum Special Educator, thereby the said post is still vacant, hence petitioner made another application to the 2nd respondent to consider the case of the petitioner and appoint him in the post of Early Interventionist cum Special Educator as the petitioner is in the 2nd rank as per the marks, however, 2nd respondent did not consider the said application. Aggrieved by the same the petitioner preferred the present writ petition.
4. PERUSED THE RECORD:-
A. This Court passed interim orders, dated 07.11.2023 in view of the petitioner observing as under:-
“Status quo obtaining as on today shall be maintained with regard to the post of Early Interventionist cum Special Educator.”
And the same is in force as on date.
B. The representation of the petitioner, dated 01.05.2023 addressed to the DM &HO, Khammam is extracted hereunder:-
I am Kalva Rahul, S/o. Rajalingam, I have applied for early interventionist percentage of 64.89%, as a calculation of CGPA X 9.5. But calculation of percentage post under DM & HO. Khammam post. But there is an error in my CGPA with a should be considered as CGPA X 100 percentage which would result my CGPA of 6.83 in percentage of 68.3# Telangana recent Notification (TREIRB) clarification.
