THE HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.33956 OF 2023

ORDER:

Heard Sri M. Srikanth, learned counsel appearing on behalf of the petitioner, Sri P.S. Rajasekhar, learned Standing Counsel for Telangana Public Service Commission appearing on behalf of respondent No.1, learned Assistant Government Pleader for Services-I appearing on behalf of respondent No.2, learned Assistant Government Pleader for Services-I I appearing on behalf of respondent No.3 to 5, Sri S. Bhoopal Reddy, learned Standing Counsel for State Residential Educational Society appearing on behalf of respondent Nos.6, 7 and 9 and Sri Bhanothu Hussain, learned counsel appearing on behalf of respondent No.10 .

2. The petitioner approached this Court seeking prayer as under:

“…to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Memo No. 500/Principal/REIS/2016, dated 11-7-2023 rejecting the case of the Petitioner for appointment to the post of Principal (Schools) as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and further set aside the same and consequently direct the respondents to consider the case of the Petitioner for appointment to the post of Principal (Schools) as per Notification No.29/2017 dt. 2.6.2017 in 6^th to 10^th Respondent Institutions, and to keep 1 post vacant out of 116, strictly in accordance with merit list by considering the teaching experience rendered prior to acquisition of PG qualification also and 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:

i) The respondent No.1-TGPSC issued a notification No. 29/2017 dated 02.06.2017 to fill up 304 posts of Principals in Schools under the control of the Respondent Nos.6 to 10 Residential Educational Institutions Societies and the petitioner is fully qualified for the said post.

ii) The respondent No.1 initially accepted the petitioner’s application and issued the Hall Ticket after scrutiny of academic and experience credentials. Though the petitioner has secured high marks in prelims and mains, the respondents rejected the petitioner’s candidature on the ground that teaching experience prior to acquiring Post-

Graduation cannot be counted.

iii) Earlier, this Court passed an order dated 13.02.2023 in W.A. No.152 of 2021 directing the respondent No.1 to consider the petitioner’s case for appointment to the post of Principal as per Gurukulam rules, however, TSPSC wrongfully rejected the petitioner’s case again vide Memo No.500/Principal/REIS/2018 dated 11.07.2023. Aggrieved by the same, the petitioner filed the preset Writ Petition.

4. PERUSED THE RECORD A) Paragraph No.XI I of the notification No.29/ 2017 dated 02.06.2017 issued by the respondent No.1 is extracted hereunder:

“The decision of the Commission in all aspects and in all respects pertaining to the application and its acceptance or rejection as the case may be, conduct of examination and at all consequent stages culminating in the selection of otherwise of any candidate shall be final in all respects and binding on all concerned, under the powers vested with it under Article 315 and 320 of the Constitution of India. Commission also reserves its right to alter and modify time and conditions laid down in the notification for conducting the various stages up to selection, duly intimating details thereof to all concerned, as warranted by any unforeseen circumstances arising during the course of this process, or as deemed necessary by the Commission at any stage.”

B) The petitioner in the present writ petition and other similarly situated persons approached this Court by filing various Writ Petitions, i.e., W.P. Nos. 19395, 17336, 19227, 19490, 19247, 15754, 6454, 20789, 20365, 20129, 20124, 19902, and 19758 of 2019 and the same were dismissed vide common order dated 07.04.2021. The relevant paragraphs of the said common