In public employment, when operating a merit list for unfilled vacancies, candidates are required to do so strictly in accordance with their rank; a lower-ranked candidate cannot claim appointment if more meritorious candidates are available in the list, as merit remains the governing principle under Articles 14 and 16.

JUDGMENT

Heard Sri G.Satyanarayana Yadav, learned counsel for the appellant; Sri P.S.Rajasekhar, learned Standing Counsel for Telangana State Public Service Commission; Sri S.Suman, learned Government Pleader for Services-III appearing for respondent Nos.2 and 3 and Sri.Bhanothu Hussain, learned counsel for respondent No.4 and perused the record.

2. This writ appeal is preferred under Clause 15 of the Letters Patent , against the order dated 02.05.2025 passed by the learned Single Judge in W.P.Nos.29473 of 2023. By the said order, the learned Single Judge dismissed the writ petition filed by the appellant herein, who sought a direction to the respondents to operate the merit list downwards and consider him for appointment to the post of Librarian (School) pursuant to Notification No.20 of 2017, dated 14.04.2017.

Factual matrix

3. The 1st respondent–Telangana State Public Service Commission (TSPSC) issued Notification No.20 of 2017 dated 14.04.2017 inviting online applications for recruitment to the post of Librarian (School) in the Residential Educational Institutions Societies (REIS). Under the said notification, a total of 256 vacancies were notified across two societies (Social Welfare and BC Welfare) and two zones (Zone-V and Zone-VI).

4. The appellant, belonging to BC-A community and falling under Zone-VI, submitted his online application within the stipulated time and participated in the selection process and appeared for the written examination conducted on 17.09.2017 and 18.09.2017, qualified therein, and consequently his name was included in the list of candidates called for web options and certificate verification in 1:2 ratio. The appellant exercised his web options on 28.05.2018 and attended certificate verification on 30.05.2018. Upon evaluation, he secured 188 marks and was assigned Rank No.254 in the merit list.

5. Subsequent to the initial stages of selection, multiple writ petitions came to be instituted challenging the recruitment process. A batch of writ petitions, inter alia W.P.Nos.29737 of 2018, 37892 of 2018, 37921 of 2018 and 836 of 2019, were filed and disposed of by the learned Single Judge vide common order dated 23.07.2019, whereby the action of the TSPSC in preparing the merit list was upheld, and the respondents were directed to adhere to Rule 6(A) of the Telangana State Public Service Commission Rules (for short ‘TSPSC Rules’) by offering relinquishment options to the selected candidates. The said rule is extracted hereunder for ready reference:

“Rule 6(A): Notwithstanding anything contained in adhoc Rule issued in G.O.Ms.No.544, G.A.(Ser.A) Department, dated 04.12.1998, any candidate whose name has been included in a selection list in a direct recruitment prepared by the Commission, on enquiry by the Commission, may relinquish his claim for appointment in writing in the proforma prescribed by the Commission. The Commission shall thereupon remove the name of such candidates from the selection list and select any other candidate according to rules. The candidate whose name has been so removed from the selection list shall be informed of such removal by the Commission and shall have no right for the said appointment in future with reference to the said selection: Provided this provision is applicable only when a single category of posts is notified in a notification and not applicable to a notification where multiple categories of posts are notified. However, it shall be ensured that the list shall not be operated for any additional vacancies indented by the Government Departments. The selection list for the purpose of selecting candidates in pla