SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Tel) 8899

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Aparesh Kumar Singh, CJ, G. M. Mohiuddin, J
Anil Kumar – Appellant
Versus
State of Telangana – Respondent
W.A.Nos.176, 185, 190, 191, 232, 251, 258, 259 and 260 of 2026



Advocates:
For the Appellants/Petitioners: G.Vidyasagar, Sai Prasen Gundavaram, M.Surender Rao, Rama Rao Kilaru, P.S.Rajasekhar
For the Respondents: G.Prasanth, M.V.Rama Rao, B.Rachna Reddy, Md.Baseer Riyaz, P.Rama Sharana Sharma

Degrees obtained through distance education study centres located outside the territorial jurisdiction of the parent University are invalid for public employment, and parity cannot be claimed through the doctrine of negative equality based on previous erroneous recruitment practices.

Headnote:(A) UGC Public Notice dated 27.06.2013 and Recruitment Notification No.30/2022 - Territorial jurisdiction of State Universities - Distance education degrees obtained from study centres outside the parent University's territory are invalid for public employment - Doctrine of negative equality does not entitle candidates to seek parity based on previous illegal recruitments. (Paras 16, 17, 25, 31)

Facts of the case:
Candidates applied for the post of Librarian under Notification No.30/2022. The TGPSC rejected their candidature upon finding that their Master’s degrees in Library Science were obtained through distance education centres of Acharya Nagarjuna University located in Telangana, outside the University's statutory territorial jurisdiction of Guntur and Prakasam. The Single Judge directed considering their claims based on previous recruitment precedents, leading to these appeals.

Findings of Court:
The court ruled that the university’s territorial jurisdiction is fixed by statue and distance education centres operating outside such limits violate UGC norms incorporated in the notification. Past illegal appointments cannot be the basis for claiming equality via the doctrine of negative equality.

Issues: Whether degrees obtained through distance education centres located outside the parent university’s jurisdiction are valid for recruitment and whether the doctrine of negative equality permits parity with previous candidates appointed with similar qualifications.

Ratio Decidendi: A state university’s operations are confined to its territorial limits defined by its parent Act. Any qualification obtained in violation of these limits and mandatory UGC regulatory frameworks is invalid for public appointment, and Article 14 cannot be invoked to compel the repetition of an illegality.

Result: Appeals allowed; impugned orders set aside and writ petitions dismissed.

Table of Content
1. notification requirements and threshold rejection of candidates. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. parties' contentions regarding territorial validity and negative equality. (Para 12 , 13)
3. statutory territorial jurisdiction and binding nature of ugc guidelines. (Para 15 , 16 , 17 , 18 , 19)
4. institutional credibility and territorial limits of universities. (Para 20 , 21)
5. doctrine of negative equality cannot perpetuate past irregularities. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
6. invalidity of qualifications obtained beyond jurisdiction leading to dismissal of petitions. (Para 32 , 33)

COMMON JUDGMENT

Since the issues that arise in the above writ appeals are integrally one and the same, the writ appeals are being disposed of by this Common Judgment.

2. W.A.Nos.176, 191 and 258 of 2026 are directed against W.P.No.25531 of 2024; W.A.Nos.185, 251 and 260 of 2026 are directed against W.P.No.24496 of 2024 and W.A.Nos.190, 232 and 259 of 2026 are directed against W.P.No.25837 of 2024.

3. All the aforesaid writ appeals are against common order dated 12.12.2025 passed in W.P.Nos.25531, 25837 and 24496 of 2024 by the learned Single Judge, wherein the learned Single Judge has disposed of the writ petitions with a direction to the respondent authorities to consider or reconsider the claim of the respondents herein (writ petitioners) for appointment to the post of Librarian, pursuant to Notification No.30/2022 dated 31.12.2022, purely on the basis of their merit, and without reference to the rejection order, in a manner similar to the cases of other candidates who were allegedly similarly situated and had been appointed or promoted earlier.

4. Heard Sri G.Vidyasagar, learned Senior Counsel representing Sri Sai Prasen Gundavaram, learned counsel for the appellants in W.A.Nos.176, 232 and 251 of 2026; Sri M.Surender Rao, learned Senior Counsel representing Sri Rama Rao Kilaru, learned counsel for the appellant in W.A.Nos.185, 190 and 191 of 2026; Sri P.S.Rajasekhar, learned Standing Counsel for Telangana Public Service Commission; Sri G.Prasanth, learned Assistant Government Pleader for Services-I appearing for the State of Telangana; Sri M.V.Rama Rao, learned counsel appearing for respondent Nos.5 to 9 in W.A.No.176 of 2026 and respondent Nos.2 to 6 in W.A.No.258 of 2026; Ms.B.Rachna Reddy, learned Senior Counsel representing Sri Md.Baseer Riyaz, learned counsel for respondent No.13 in W.A.No.190 of 2026 and respondent Nos.13 to 17 in W.A.No.191 of 2026; Sri P.Rama Sharana Sharma, learned counsel for respondent No.13 in W.A.No.185 of 2026, respondent No.5 in W.A.No.251 of 2026 and respondent No.1 in W.A.No.260 of 2026 and perused the record.

Factual matrix

5. The Telangana State Public Service Commission (hereinafter referred to as “TGPSC”) issued Notification No.30/2022 dated 31.12.2022 inviting applications for recruitment to the post of Librarian. The notification was issued pursuant to requisitions/indent received from the State Government, notifying a total of 71 vacancies, comprising 40 posts under the control of the Commissioner of Intermediate Education and 31 posts under the control of the Commissioner of Technical Education.

6. Clause 6 of the said notification prescribed the requisite educational qualifications. Insofar as the post of Librarian under Intermediate Education (Post Code No.01) is concerned, the candidates were required to possess, inter alia, a Bachelor’s Degree in Arts, Science or Commerce, along with a Postgraduate Degree in Library Science with not less than 50% marks. The said clause was accompanied by a specific stipulation governing qualifications obtained through distance education mode, which assumes central relevance in the present lis and is extracted hereunder:

“N.B:- i) Distance Education:- The Applicants who have obtained requisite Degrees through Open Universities / Distance Education mode are required to have recognition by the University Grants Commissi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top