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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Kopuri Parvathi – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.19444 of 2024
For the Appellants/Petitioners: Ramesh Chilla
For the Respondents: Assistant Government Pleader for Services-III, S. Bhoopal Reddy, N. Ramesh
If the recruitment notification and service rules for a specific post do not explicitly require a Bachelor's degree, the appointing authority cannot arbitrarily deny appointment to a candidate who meets the stated qualifications, such as a Post Graduate degree and Pandit Training.
Headnote:The case involves the recruitment of Post Graduate Teachers (PGT) in Hindi under Notification Nos.03/2023 and the Mahatma Jyothiba Phule Telangana Backward Classes Welfare Residential Educational Institutions Service Rule, 2015. The petitioner, having secured merit and received an appointment order, was subsequently denied posting on the grounds of not possessing a Bachelor's degree, despite possessing a Post Graduate degree and Hindi Madhyama/Visharada. The court found that the specific rules and notifications did not mandate a general Bachelor's degree for the post. The primary issue is whether a Bachelor's degree is a mandatory prerequisite for the post of PGT (Hindi) when the rules only specify a Post Graduate degree and Pandit Training. The court reasoned that since the "Special Rules or in the Notifications there is no mention that candidate must possess a Bachelor’s Degree," the respondents' action in withholding the posting order was "arbitrary and illegal." the writ petition is allowed and the respondents are directed to appoint the petitioner as per the appointment order issued to her in Proc.C.No.A/323/2024, dated 15.02.2024 within four (4) weeks from the date of receipt of a copy of this order.
| Table of Content |
|---|
| 1. petitioner's selection and subsequent denial of posting despite appointment order. (Para 1 , 2 , 3 , 4) |
| 2. respondents' contention regarding the necessity of a ugc-recognized bachelor's degree. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's evaluation of whether a bachelor's degree is a mandatory requirement. (Para 10 , 11 , 12 , 13) |
| 4. service rules and notifications do not mandate a general graduation degree for pgt (hindi). (Para 14 , 15 , 16 , 17) |
| 5. direction to the respondents to appoint the petitioner. (Para 18) |
ORDER:
1. Heard Sri Ramesh Chilla, learned Counsel for the petitioner, learned Assistant Government Pleader for Services-III andSri S.Bhoopal Reddy and Sri N.Ramesh, learned Standing Counsel appearing for the respondents.
2. The learned Counsel for the petitioner submits that the respondent No.2 issued Notification Nos.03/2023 dated 05.04.2023 for direct recruitment to various categories of teaching posts including Post Graduate Teachers-Hindi (for brevity ‘PGT”) in different Residential Educational Institution-Societies. Pursuant to the said notifications, the petitioner, having fulfilled all the eligibility criteria prescribed therein, applied for the post of PGT (Hindi) and she participated in the selection process, secured merit and were assigned ranks. Subsequently, she was called for certificate verification on specified dates by the respondent No.2. Thereafter, a provisional selection list was published, wherein the hall ticket numbers of the petitioner was included and thereby the petitioner acquired eligibility for appointment.
3. The learned Counsel for the petitioner further submits that the petitioner was directed to attend on 15.02.2024 and the respondent No.3 issued appointment order to the petitioner as PGT (Hindi) in Mahatma Jyothiba Phule Backward Classes Welfare Residential Educational Institutions Society (for brevity ‘MJPTBCWREIS’). Subsequently, she was again asked to appear on 26.06.2024 for verification of certificates, which she duly complied with and waiting for the posting order.
4. The learned Counsel for the petitioner further submits that, despite the certificates having been verified twice, the respondents have again sent a message via WhatsApp directing the petitioner to furnish Degree Certificates, failing which her appointment would be withheld. The petitioner is possessing Post Graduation in Hindi from the recognized University and also Hindi Madhyama/ Visharadha which are equivalent to language Pandit Training in Hindi. The respondents cannot insist the petitioner to submit once again having been completed verification of the certificates twice and cannot withheld the posting orders under the guise of a common WhatsApp forwarded to one and all and requested to allow the writ petition by directing the respondents to appoint the petitioner pursuant to the appointment orders issued to her on 15.02.2024 by the respondents.
5. The learned Standing Counsel, basing on the counter affidavit filed by Respondent Nos. 2 and 3, submits that pursuant to Notification Nos.03/2023 dated 05.04.2023, the petitioner applied for the post of PGT (Hindi). The petitioner has participated in the selection process and was issued appointment order on 15.02.2024. Subsequently, a message was communicated to all selected candidates stating that, as per the said notifications, possession of a UGC-recognized B.A./B.Sc/B.Com three-year academic degree is an essential qualification for the posts of TGT/PGT (Hindi). During the process of certificate verification, it was found that the petitioner has not submitted the requisite degree certificates. Accordingly, the petitioner was directed to furnish the same within three days, failing which their appointment order would be withheld.
6. The learned Standing Counsel further submits that in pursuance to the said message, the petitioner submitted representations to the respondents to consider their qualifications as sh
