IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Pulla Karthik, J
Gangavath Mounika – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.31001 OF 2024|CONTEMPT CASE No.2510 OF 2024
| Table of Content |
|---|
| 1. overview of the petition, the nature of the dispute, and background facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. submissions regarding eligibility compliance and the constraints of a recruiting agency. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. examination of official notifications and prescribed qualification service rules. (Para 13 , 14 , 15 , 16) |
| 4. applying existing legal precedent to the facts of the recruitment selection. (Para 17 , 18) |
| 5. final ruling and disposal of the writ petition and contempt proceedings. (Para 19 , 20) |
COMMON ORDER:
Since the issue involved in both these matters is inter se related with each other, they are taken up together and being disposed of by way of this common order.
2) Heard Sri Jogram Tejavat, learned counsel for the petitioner, learned Government Pleader for Services-I for respondent Nos.1 and 3, Sri P.S. Rajashekar, learned Standing Counsel, for respondent No.2, Smnt. J.Mamata, learned Standing Counsel, for respondent Nos.4 and 5, and Sri MP. Kashyap, learned Standing Counsel, for respondent No.6.
3) Writ Petition is filed seeking the following relief:
“... to DECLARE the result of the Written test conducted for the post of Junior Lecturer (Maths) by the Telangana Public Service Commission in the Board of Intermediate Education, Hyderabad in MZ-I against the post reserved for ST (Woman) quota, not considering the B.Sc., (Honors) three years degree course issued by the Delhi University, Delhi degree certificate vide Examination Roll No.19047563031, College Roll No.2019/2013, University Enrollment No.19MIRHBSMA00031 in favour of Gangavath Mounika is illegal, arbitrary, unjust and violation of Articles 14, 21, 335 of Constitution of India and against the principle of natural justice and consequently DIRECT the Respondent No.2 i.e., to honor the degree of B.Sc., Honors from the Delhi University and declare the results and recommend to the Government for the appointment of Post of Junior Lecturer (Maths) PC : 19 in the Board of Intermediate Education in the interest of justice...”
4) On 11.11.2024 this Court while issuing notice before admission to the respondents has passed interim orders directing respondent No.2 to consider the case of the petitioner for appointment to the post of Junior Lecturer (Maths) by taking into consideration her Bachelor of Science (Honors) Degree in Maths, in accordance with the rules.
5) Alleging wilful disobedience of the said interim order, the petitioner has filed Contempt Case No.2510 of 2024.
6) The case of the petitioner is that she belongs to ST category, Multizone-I and completed B.Sc. (Honors) in July, 2022 from Delhi University. While so, respondent No.2 has issued notification No.22/2022, dated 09.12.2022, inviting online applications from eligible candidates for the post of Junior Lecturer under the control of Commissioner of Intermediate Education in the State of Telangana. Petitioner, being fully eligible, has applied for the post of Junior Lecturer (Mathematics) with Code No.19, appeared for the written examination on 14.09.2023 with Hall Ticket No.221109185, obtained 287.116 marks with general rank 642 and was called for certificate verification on 29.08.2024. However, the respondents have not selected the petitioner for the post of Junior Lecturer (Mathematics) without any reasons. Hence, the petitioner is before this Court.
7) Learned counsel for the petitioner submits that according to the amended New Policy of Education-2023, the four years of Honors Degree was introduced by the Government, but, the petitioner has completed and admitted in Delhi University in the year 2019 itself with the duration of 3 years with the entry qualification of 10+2 in terms of then UGC Rules and norms and Gazette of India dated 05.07.2014, Part-III. As such, the petitioner is fully eligible for the post of Junior Lecturer (Mathematics) in terms of the Notification dated 09.12.2022. Therefore, the respondents having allowed the petitioner to appear for the writte
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