HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.22182 OF 2022

ORDER:

Heard Sri D.Balakishan Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader representing learned Additional Advocate General, appearing on behalf of the respondents on record.

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 that the petitioner is entitled for selection and appointment to the post of Trained Graduate Teacher (Telugu) under BC-E Category in the united Mahabubnagar District in the existing available vacancies pursuant to Notification No. 1/RMSA/Model Schools/ 2012, dated 6/2/2012 by duly extending the fruits of the Judgment of this Honorable Court dated 12/09/2016 passed in W.P.No.21927 of 2015 as confirmed in W.A.No. 289 of 2017 and batch, dated 17/11/2021 with all consequential benefits by holding the action of the respondents in not considering the just claims of the petitioner for selection and appointment to the post of TGT (Telugu) in spite of availability of vacancies even though his claim was deprived of for selection and appointment in view of preparing the selection list improperly which is illegal, arbitrary, unjust and subversive of Articles 14, 16 and 21 of the Constitution and pass…”

3. It is specific case of the petitioner that the 1st respondent issued notification for recruitment to the post of Trained Graduate Teachers and P.G.Ts vide notification No.01/RMSA/Model Schools/2012, dated 06.02.2012 and the petitioner was eligible for the above said posts as per the eligibility criteria given in the notification. The petitioner applied for the post and participated in the selection process with Hall Ticket No.61440500573 and secured 54.57 marks, but the last selected candidate in the Zone VI secured 54.63 marks which makes it evident and clear that the petitioner is the next meritorious candidate for the selection.

It is further the case of the petitioner that the respondents had called the selected candidates in the 1:1 ratio but not in 1:2 ratio for the certificate verification and during the verification process some of the individuals candidature was cancelled as they didn’t meet the eligibility criteria as mentioned in the notification and some others candidature was cancelled for submitting the false certificates and also some of the candidates didn’t appear for verification as they were already in better government services. Further the case of the petitioner is that the respondent didn’t follow the judgment of this court in W.P.No.21306/2005 dated 04.09.2006, whereby court ordered the respondents therein to consider the next meritorious and eligible candidates to fill up vacancies given in the notification there under. The above said judgment was upheld by the Hon’ble supreme court in Special Leave(CC) No.916/2007 dated

05.02.2007.

It is further the case of the petitioner that the persons similarly situated have filed W.P.No.2197 of 2015 before this court and same was allowed by this court vide order, dated 12.09.2016 directing the respondents to redraw the provisional list and consider the case of the petitioners there under, subsequently writ appeal vide W.A.No.289 of 2017 and batch preferred by the respondents was dismissed vide orders dated 17.11.2021 by the division bench of this court upholding the order passed by the learned single bench. As the respondents were initiating steps to implement the above said order, the petitioner apprehended that his case might not be considered by the respondents as the petitioner was not a party in the above- mentioned writ petition and writ appeal, hence the petitioner preferred the present writ petition seeking this court to direct the respondents to consider the case of the petitioner also while redrawing the provisional list and preparing the selection list.

4. PERUSED THE RECORD.

A. The relevant portion of the