HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.29550 OF 2023

ORDER:

Heard Sri B. Chandrasen Reddy, learned senior designated counsel appearing on behalf of the petitioner, Smt. B. Kavita Yadav, learned Central Government Counsel appearing on behalf of the respondent No.1 and Sri A.Venkata Ramana, learned counsel appearing on behalf of the respondent No.2.

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

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 2 in issuing the memo No. 3791/Ser.1/2023 dt. 06.10.2023, rejecting the candidature of the petitioner for the post of Assistant Professor in the department of Veterinary Gynecology and Obstetrics considering the candidature of the petitioner for the post of Assistant Professor in Veterinary Gynecology and Obstetrics Department in the Respondent No. 2 university, as illegal, arbitrary, violative of principles of natural justice, against the provisions of SCs and STs (POA), Act, 1989 and against all settled principles of law and consequently set aside the same by directing the respondent No. 2 to admit the petitioner for the post of Assistant Professor in Veterinary Gyanecology and Obstetrics Department in the Respondent No. 2 university and to pass…”

3. It is specific case of the petitioner that the petitioner is a Veterinary Doctor holding a postgraduate qualification in Veterinary Gynaecology and Obstetrics. The petitioner belongs to the BC-D (Linga Balija) community as per the State list of Backward Classes in Telangana. The petitioner applied for the post of Assistant Professor in the said discipline pursuant to a recruitment notification dated 29.08.2023 issued by Respondent No. 2.

It is further the case of the petitioner that the petitioner appeared for the National Eligibility Test (NET) conducted by Respondent No. 5 and secured 46.89%. Although the minimum qualifying mark for OBC candidates is 45%, the petitioner was declared ‘Not Qualified’ as the petitioner’s community falls under the OC category as per the Central Government classification and his marks fell short of the 50% required for the General category.

Aggrieved by the same, the petitioner filed the Writ Petition WP No. 27233 of 2023, seeking consideration of the petitioner’s candidature under the BC-D category as recognized in the State of Telangana. The Hon’ble High Court in WP No. 27233 of 2023 vide order dated 29.09.2023 directed the respondents 2,3 and 4 to consider the said representation, dated 23.09.2023 and pass appropriate orders in accordance with law within a period of two (02) weeks from the date of receipt of copy of the said order. However, the respondent No.2 issued Memo dated 06.10.2023, rejecting the petitioner’s candidature, citing non-inclusion of the petitioner’s community in the Central list of OBC. Aggrieved by the same, the present Writ Petition is filed.

4. PERUSED THE RECORD.

A. The impugned Memo No.3791/ Ser.I / 2023, dated 06.10.2023 of the 2^nd respondent University is extracted hereunder:-

The request made by Dr.D.Sai Prasad through reference 1" cited has been examined in detail keeping in view of the orders of Hon'ble High Court dated 29.09.2023 in WP No.27233 of 2033.

Dr.D.Sai Prasad belongs to BC-D (46 Linga Balija)

category as per state Govt. orders which is not included by the Govt. of India under OBC category. He appeared for NET examination under open category but was not qualified. NET examination is being conducted by ASRB duly following the Central Government Rules for categorization of applicants. Though Dr.D.Sai Prasad got more marks than the cutoff fixed for OBS, his case cannot be considered/ treated as qualified since his community (BC-D Linga Balija) has not been included under OBC and since the cutoff marks fixed for OBS only, and University is not competent to alter the results of NET.

I n view of the above Dr.D.Sai Prasad is hereby informed that his application fo