HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. 23517 OF 2018

O R D E R:

This Writ Petition is filed to declare the Final Key

dated 03.05.2018 and the Revised Final Key dated 29.05.2018, published by the 2^nd Respondent – Telangana State Public Service Commission, as illegal, without jurisdiction, and violative of Articles 14, 16, and 21 of the Constitution of India. Petitioners challenge the Keys for not considering their objections to specific questions in the Teacher Recruitment Test for the post of School Assistant (Biological Science) under Notification No. 52/2017 dated 21.10.2017, issued by the 2^nd Respondent. The questions in dispute include Question Nos. 130, 136, 146, and 153 of Booklet Series: C, Question Nos. 54, 60, 82, 83, 96, 106, and 116 of Booklet Series: B, and Question Nos. 41, 76, 87, 88, 150, and 160 of Booklet Series: D, under Paper Code: 52101. Petitioners request to direct respondents to constitute an Expert Committee to review their objections, correct the Final Key, revise their results based on their

entitlement, and grant all consequential reliefs.

2. Petitioners 1 and 3 belong to BC-B community and Petitioners 2 and 4 belong to OC community and all of them

possess requisite qualifications for the post of School Assistant (Biological Sciences) and applied for the same under subject Notification; they appeared for the examination conducted on 04.03.2018 as part of the recruitment process which included publication of Preliminary Key on 14.03.2018, with the 2^nd Respondent inviting objections online from 21.03.2018 to 31.03.2018. Petitioners accordingly, submitted their objections to the Preliminary Key, as detailed in Annexure-I, concerning the specified questions across the different booklet series. However, the 2^nd Respondent published Final Key on 03.05.2018, allegedly without considering petitioners’ objections. In response, petitioners manually submitted further objections on 24.05.2018, supported by relevant proofs and direct answers sourced from textbooks ranging from 8th Standard to Intermediate II Year. Despite these submissions, the 2^nd Respondent published a Revised Final Key on 29.05.2018, again allegedly without addressing petitioners’ objections. Subsequently, on 08.06.2018, the 2^nd Respondent released State-wide Marks List, wherein petitioners secured

65.088, 70.716, 70.615, and 69.938 marks respectively.

The case of petitioners is that proper consideration of their objections to Preliminary and Final Key would result in additional marks, as outlined in Annexure II, which would place them within the zone of consideration for selection to the post of School Assistant (Biological Science). They allege that the 2^nd Respondent mechanically published Final Key and Revised Final Key without referring to the material / proof submitted by them.

Aggrieved by this, the present Writ Petition.

3. This Court by order dated 04-10-2018 directed the TSPSC not to fill up four posts of School Assistants (Biological Science) meant to be filled up by Open Competition one each in Ranga Reddy, Medak, Adilabad and Nizamabad Districts, for a period of four weeks. By order dated 24.10.2018, this Court directed the 2^nd respondent not to fill up four posts of School Assistants (Biological Science) meant to be filled up by BC(B) in Ranga Reddy District and Open Competition-5 in Medak, Adilabad and Nizamabad Districts until further orders.

4. Seeking vacation of the said order, the impleaded petitioners (Respondents 3 to 10) have taken out an Application; along with it they filed counter. It is stated therein that they are qualified and eligible candidates for the post of School Assistant (Biological Science) Telugu Medium and local candidates of Medak District, participated in the recruitment process pursuant to notification No. 52/2017 dated 21-10-2017. The vacancy position included 6 posts in Open Category (OC), Local, General, and 1 post in Open Category, Unreserved, General, totalling 7 posts in Open Category (