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2025 Supreme(Online)(Tel) 49428

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
Md. Raheem – Appellant
Versus
The State of Telangana – Respondent
WP 34477/2023



THE HON’BLE SRI JUSTICE PULLA KARTHIK and

COMMON ORDER:

Since the lis in these cases in inter-connected, they were heard together and are being disposed of by this common order.

2. Heard Sri P.V. Krishnaiah, learned counsel appearing for the petitioners, learned Government Pleader for Services-I appearing on behalf of respondent Nos.1 to 3, and learned Government Pleader for Services-III appearing for respondent No.4.

3. W.P.No.34477 of 2024 is filed seeking the following relief:

“…to grant appropriate relief, more in the nature of a Writ of Mandamus under Article 226 of the Constitution of India, declaring the action of the 1st Respondent in not regularizing/ appointing the Petitioners as regular Junior Lecturers in their respective subjects against the sanctioned posts, which post the Petitioners are holding for the last more than 1 ½ decades, while appointing the 2532 contract lecturers including similarly placed persons as well as the lecturers juniors to the Petitioners in respect of length of service issued in GO Ms.No.19, Higher Education (IE) Department, dated 01.05.2023 on the sole ground that the Petitioners are not possessing the required qualifications mentioned in Memo No.1358-A/IE.A1/2022, dated 09.12.2022, issued by the 1st Respondent as arbitrary, illegal, discriminatory, malafide, misconceived and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and contrary to the Telangana Intermediate Education Service Special Rules issued in Ms.No.302 Education (IE.,II) Department, dated 30.12.1993 and similarly, not permitting the 2nd Respondent to appoint/regularize the services of the Petitioners as regular Junior Lecturers in pursuance of the request made by the 2nd Respondent by Proceedings in File No. CIE/4/2023-SERVICES-III-CIE, dated 31.08.2023 addressed to the 1st Respondent as equally arbitrary, illegal, discriminatory, unconstitutional, violating Articles 14, 16 & 21 of the Constitution of India and issue consequential directions directing the 1st Respondent to forthwith permit the 2nd Respondent to appoint/regularize the services of the Petitioners as regular Junior Lecturers in their respective subjects in Urdu Medium on par with other candidates, who re appointed/regularized their services as regular Junior Lecturers issued in GO Ms.No.19, Higher Education (IE) Department, dated 01.05.2023 and other consequential orders issued by the Respondents 2 & 3, if necessary, considering the request made by the 2nd Respondent to the 1st Respondent by Proceedings in File No. CIE.4/2023-SERVICES-III-CIE, dated 31.08.2023 forthwith with all consequential benefits including arrears of salary and seniority w.e.f 03.05.2023 and pass…”

4. Learned counsel for the petitioners submitted that the petitioners’ mother tongue is Urdu and have studied Urdu as Second Language in Intermediate or Degree, and also possess proficiency certificate in Urdu Subject ‘Aalim’ or ‘Fazil’. As such, having possessed the above requisite qualifications as prescribed under Andhra Pradesh (Telangana) Intermediate Education Service Special Rules in G.O.Ms.No.302, Education (IE.I) Department, dated 30.12.1993, the petitioners were appointed as Junior Lecturers (Urdu medium) on contract basis during the period spanning from 2006 to 2010 and they have been teaching the students in their respective subjects in Urdu medium, for almost 13 to 17 years. However, at the time of their recruitment, a regular recruitment process, which included following rule of reservation after selection by the Selection Committee constituted by the competent authority, was followed, and therefore, the respondents ought to have treated the appointment of the petitioners as ‘regular’ instead of ‘contractual’, and they also ought to have paid the salaries and other benefits in tune with that of the regular Junior Lecturers. However, without doing so, the authorities only paid the consolidated amount, i.e., minimum time scale, to the petitioners during 20

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