IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT APPEAL No.51 of 2026 DATE:18.02.2026 Between:

Shaheen Fathima ….Appellant And The Commissioner of School Education and 5 others ….Respondents

JUDGMENT

Heard Sri Mamidi Sai Yadav, learned counsel for the appellant; Sri Santhapur Satyanarayana Rao, learned Government Pleader (Services-I), appearing for respondent Nos.1 to 4 and Kum. K.Bhargavi representing Sri Sai Prasen Gundavaram, learned counsel for the respondent Nos.5 and 6 and perused the record.

2. This writ appeal, preferred under Clause 15 of the Letters Patent, assails the order dated 05.12.2025 passed by the learned Single Judge in W.P.No.28608 of 2024. By the said order, the learned Single Judge dismissed the writ petition instituted by the appellant herein, who had sought a direction to the respondent-authorities to consider her candidature for appointment to the post of Physical Education Teacher (PET) (Urdu Medium) under DSC–2024 in Nalgonda District.

Factual background (in brief)

3. The appellant claims to belong to BC–‘E’ category and to be a local candidate of Nalgonda District, completed her SSC examination in March, 2001, and thereafter passed the Intermediate examination in March, 2003.

4. Appellant subsequently acquired a Bachelor of Arts (B.A.) degree in April, 2007, and a Bachelor of Physical Education (B.P.Ed.) degree in March/April, 2012. In December, 2014, appellant again appeared for and passed the Intermediate examination through the Telangana Open School Society (TOSS), with Urdu as the second language.

5. Pursuant to Notification No.24/RC-1/TRT/DSC/2024 dated 29.02.2024 issued by the Commissioner of School Education, Telangana, inviting applications for direct recruitment to various teaching posts under DSC–2024, the appellant applied for the post of PET (Urdu Medium) in Nalgonda District.

6. The appellant appeared in the Computer Based Test held on 18.07.2024 and secured Rank No.4 with 43.50 marks in the General Ranking List for the said post. During certificate verification conducted from 01.10.2024 to 05.10.2024, candidates ranked above the appellant did not attend, thereby placing the appellant first among the candidates who participated.

7. However, the appellant’s candidature was not considered for appointment. Aggrieved by the inaction of the official respondents in not selecting the appellant and selecting respondent Nos.5 and 6 herein, the appellant filed WP.No.28608 of 2024. The appellant had also filed an interlocutory application in the said W.P.No.28608 of 2024 seeking a direction to the official respondents to consider the appellant’s representations dated 11.10.2024 and 14.10.2024.

8. By interim order dated 16.10.2024 in W.P.No.28608 of 2024, this Court directed the respondents to consider her representations. In compliance thereof, the District Educational Officer (DEO), Nalgonda, passed a speaking order dated 06.12.2024 rejecting appellant’s claim, relying upon Guideline No.5(c) in the proceedings dated 30.09.2024, which stipulated that a candidate who acquired a lower qualification after acquiring a higher qualification would be ineligible. Since the appellant had obtained her B.P.Ed. degree in 2012 and thereafter secured the Intermediate qualification from TOSS in 2014, she was held ineligible.

9. The appellant accordingly amended the writ petition to challenge the said order and the guideline dated 30.09.2024. During the course of proceedings, respondent Nos.5 and 6 have placed on record the fact that the appellant had already passed Intermediate in 2003 and that her subsequent enrollment in TOSS in 2014 was contrary to Clause 1.2 of the TOSS Prospectus, which prohibits candidates who have already passed Intermediate from enrolling again for the same course.

10. By order dated 05.12.2025, the learned Single Judge held that the rejection order dated 06.12.2024, being founded upon gu