HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION Nos.9418 AND 9290 of 2024

COMMON ORDER:

These two Writ Petitions are being disposed of by this Common Order, as the issue involved in these two Writ Petitions is identical. The petitioners have filed the two Writ Petitions to declare the action of respondent No.2, Commission, in refusing to issue appointment orders to the petitioners for the post of Veterinary Assistant Surgeons Class-A as per their merit ranking in the test pursuant to the Notification No.23/2022 as being arbitrary and illegal violative of Articles 14,16 and 21 of the Constitution of India and the Judgments rendered by this Court in W.A.No.206 of 2023 and 236 of 2023 and consequently, direct the respondent No.2 to forthwith issue appointment orders to the petitioners as per their merit rankings against their respective categories.

2. Heard Sri Nimma Narayana, learned counsel for the petitioners in W.P.No.9290 of 2024, Sri CH. Samson Babu, learned counsel for the petitioners in W.P.No.9418 of 2024, learned Government Pleader for Services-II for respondent No.1 and Sri P.S. Rajashekar, learned Standing Counsel for T.S.Public Service Commission. Perused the record.

3. For convenience, the facts stated in W.P.No.9418 of 2024 are discussed as under:

Learned counsel for the petitioners submits that petitioners are possessors of Bachelor’s Degree in Veterinary and Animal Husbandry. Pursuant to the Notification of respondent No.2, dated 22.12.2022, they submitted online applications for the post of Veterinary Assistant Surgeon (Class-A). The requisite educational qualification prescribed is that one must have passed a Bachelor of Veterinary Science Degree as on the date of Notification, i.e. by 22.12.2022. The last date for filing online applications was 19.01.2023, which was extended till 15.02.2023. The selection was to be made to fill up 170 vacancies.

3(i) Learned counsel for the petitioners further submits that petitioners herein joined in the four and half year’s academic program of B.V.Sc. during the academic year 2017- 18. The program was scheduled to conclude by January 2022. However, due to the Covid-19 Pandemic, the candidates were unable to complete their 1-year internship by September 2022, and it was extended to the end of February 2023. However, by that date, all the candidates had completed their course, including the internship. Although the last date for applying was extended from 31.01.2023 to 15.02.2023, all candidates completed their internship by that date.

3(ii) Learned counsel for the petitioners further submits that in view of the cut-off date fixed by respondent No.2, one must complete the course as on the date of Notification and as the Commission was reluctant to receive their applications, the petitioners along with others were constrained to approach this Court. Petitioner No.1 filed W.P.No.187 of 2023, and Petitioner Nos. 2 & 3 filed W.P.No.500 of 2023. Before this Court, the question that fell for consideration was, whether one year internship as part of degree course, is a requisite qualification or not. As far as the petitioners in the case are concerned, they have completed their Degree and internship before the last day of filing of applications. However, respondent No.2 has raised untenable objections and refused to accept the applications. In a batch of Writ Petitions, i.e. W.P.Nos. 310 of 2023, 500 of 2023, and 187 of 2023, this Court directed the petitioners to make applications for consideration of their representation, with a further condition that the results would be released upon satisfying the necessary eligibility criteria. The respondent No.2 carried the matter in appeal No. 206 of 2023 and 236 of 2023.

3(iii) Learned counsel for the petitioners further submits that the question that fell for consideration in the Writ Appeals before the Division Bench is, whether the candidates had requisite qualifications or not vis-a-vis Notification dated 22.12.2022. The Division B