IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi, J
J. Rajitha – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION NO.27814 OF 2019 | WRIT PETITION NO.27205 OF 2019
COMMON ORDER
In both the Writ Petitions, the challenge is to non-selection of the candidature of the petitioners to the posts of Sanitary Inspector / Health Assistant in terms of the results declared by Telangana State Public Service Commission (TSPSC), respondent No.3 in W.P.No.27814 of 2019 and respondent No.1 in W.P.No.27205 of 2019, on 30.05.2019 pursuant to the selections made under Notification No.19/2018 dt.27.07.2018, as illegal and arbitrary and consequently to direct the respondents to declare the petitioners as selected for the said posts and appoint them as Sanitary Inspector / Health Assistant in any municipality and to pass such other order or orders.
Brief facts are that the petitioner in W.P.No.27814 of 2019 claims to have passed B.Sc. (BZC) in 2011 and also possesses Public Health and Sanitation Technology Certificate from Bethesda Institute of Health Sciences, Visakhapatnam during the year 2012, while the petitioner in W.P.No.27205 of 2019 is a BC-A candidate and is physically challenged and claims to possess the prescribed qualifications for the Sanitary Inspector post. He also possesses the certificate from Bethesda Institute of Health Sciences, Visakhapatnam in Public Health and Sanitation Technology. Both the petitioners have applied for and participated in the selection process and the petitioner in W.P.No.27814 of 2019 secured State Rank No.7 for the post of Health Assistant and first rank in women quota with 85.123 marks out of 150 marks and for the post of Sanitary Inspector, she secured 12th rank in the State and first rank in the women quota. The petitioner in W.P.No.27205 of 2019 secured 124th rank. The petitioners were called for certificates verification and on the ground that Bethesda Institute of Health Sciences, Visakhapatnam is not a recognized Institute and that they do not possess the necessary qualification, their cases were not considered for appointment. Challenging the same, the present Writ Petitions are filed.
Learned counsel for the petitioners has drawn the attention of this Court to the Notification No.19/2018 and also Notification No.20/2018 dt.27.07.2018 to demonstrate the prescribed qualifications. The prescribed qualification for the post of Sanitary Inspector in Notification No.19/2018 dt.27.07.2018 is as under:
| Post Code | Name of the Post | Educational Qualifications as specified by the G.O.Ms.No.84, MA&UD (G1) Dept., Dt:14/02/2012. |
|---|---|---|
| 01 | Sanitary Inspector | (i) Must possess a Bachelor’s Degree in Biological Science from any University in India or incorporated by or under Central Act, Provincial Act, or a State Act or an Institution recognized by the UGC or an equivalent qualification. (ii) Sanitary Inspector Training Course certificate awarded by the Chairman, Board of Examinations constituted by the Government of Telangana or from Government of India / Government of Telangana Recognized Institution. |
The qualification prescribed for the post of Health Assistant in Notification No.20/2018 is as under:
| Post Code | Name of the Post | Educational Qualifications as specified by the G.O.Ms.No.84, MA&UD (G1) Dept., Dt:14/02/2012 and G.O.Ms.No.161, MA&UD Dept., Dated:01/06/2016. |
|---|---|---|
| 01 | Health Assistant | (i) An Intermediate with Biological Science or 10+2 equivalent standard Biological Science as one of the subjects. (ii) A pass certificate in Multi Purpose Health Assistant Training Course / Sanitary Inspector Training Course certificate awarded by the Chairman, Board of Examinations constituted by the Government of Telangana or from Government of India / Government of Telangana Recognized Institution. |
It is submitted that both the petitioners possessed the certificates from an Institute recognized by the Government of Telangana / Andhra Pradesh and therefore, their cases ought to have been considered for appointment.
In the counter affidavit filed by TSPSC, it is stated that the petitioners have obtained training certificates in Public Health and Sanitation Technology from Beth
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