Eligibility for appointment is satisfied if the minimum percentage is achieved in either graduation or post-graduation, and the requirement for 'allied subjects' is disjunctive (OR). Non-compliance with final judicial directions regarding such eligibility constitutes contempt of court.

COMMON ORDER

The petitioners have applied and appeared for the selection process to the post of School Assistant (Social Studies) notified vide Notification No.52/2017 by the Telangana State Public Service Commission.

1.1. The respondent-Commission, excluded the petitioners from the provisional merit list, by citing that they did not fulfil the eligibility criteria with regard to attaining 45% of marks (under reservation category) in the two optional subjects, either in their Graduation or Post-graduation degree.Aggrieved thereby, they filed writ petitions before this Court.

1.2. This Court passed interim ordersdirecting the Commission to include the petitioners in the provisional merit list, provided they fulfil all other parameters and if their exclusion was solely for nonfulfillment of 45% marks criteria. The writ petitions were thereafter allowed by this Court with a direction to the respondent-Commission to consider the petitioners for appointment to the post of School Assistant (Social Studies). Alleging non-compliance of the orders passed by this Court in the writ petitions, these contempt cases are filed by the petitioners.

2. Considering the commonality of Notification No.52/2017, the issue as well as the grievance, the matters were analogously heard and taken up for disposal by this Common Order. For reference of facts and discussion, the contentions in C.C. No. 1846 of 2025 are taken.

3. Heard Mr. T. Susmithawin, learned counsel for the petitioner in C.C. No. 1846 of 2025, Mr. G. Vidyasagar, learned Senior Counsel appearing on behalf of the petitioner in C.C. No. 1224 of 2025, Mr. P.S. Rajasekhar, learned Standing Counsel for the respondent-Commission. Perused the record.

4. At the outset, at the stage of contempt proceedings, the only issue that arises for consideration is whether the orders passed by this Court have been complied with.

5. This Court has passed interim orders, vide I.A. No. 1 of 2019, specifically directing the respondents as follows:

“Having regard to this submission, respondents are directed to verify the eligibility of petitioner and if petitioner is fulfilling all other parameters, but was not considered only on the ground that he did not secure 45% pass in Graduation, he shall be considered for inclusion of his name in the provisional selection list as per his merit.”

6. Alleging non-compliance of the interim orders, the petitioner filed C.C. No. 323 of 2010 and same is pending.

7. This Court, by Order dated 18.03.2025, allowed the writ petition, W.P. No. 3913 of 2019, by directing as follows:

“7. In light of the ABOVE, THE Court finds that the petitioner’s exclusion from the selection list is unjustified and violative of Articles 14 and 16 of the Constitution of India. The writ petition is accordingly allowed, and the respondents are directed to consider the petitioner’s case for appointment to the post of School Assistant (Social Studies) in accordance with the applicable rules and regulations, taking into account the NCTE amendment dated 13.11.2019 and the judgments in W.P. No. 4055/2019 and W.A. No. 511 of 2019.

8. At this juncture, it is relevant to refer to the counter affidavit filed in C.C. No. 1846 of 2025, by the Secretary, Telangana State Public Service Commission, stating as follows:

“5. It is respectfully submitted that, as per the qualifications required for the post of School Assistants (Social Studies) v