M. Swapana v. The State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1528 OF 2019 O R D E R :

This writ petition is filed seeking a Writ of Mandamus directing the respondents to treat the petitioner as local of Adilabad District. Heard Sri N.Joy learned counsel for the petitioner and the learned Government Pleader for Services-II.

It has been contended by the petitioner that in pursuance to the notification issued by the respondents on 31.08.2018 for the posts of Junior Panchayat Secretaries, petitioner submitted online application by filling up all the required details. But after taking print out of the application form, petitioner noticed a mistake with regard to local status i.e., instead of claiming the local status as Adilabad District, she claimed as Mancherial District. Petitioner further contends that she has studied from I to VII in the composite District of Adilablad, VIII to X at Nirmal, Intermediate at Adilablad and Degree at Nirmal.

The error at the time of filling up the form occurred at petitioner's sneak in the computer and petitioner wanted to edit local status from Mancherial to Adilabad District and the same could not be edited due to technical reasons. Petitioner further contends that meanwhile, the respondents announced results on 18.12.2018 where in petitioner secured total of 67 marks. Inspite of making best efforts, petitioner could not correct the mistake crept in the online application. In those set of circumstances, petitioner submitted a representation on 21.12.2018 requesting the respondents to permit her to correct the local status from Mancherial to that of Adilabad District, but so far the respondents had not passed orders on the said representation.

Learned counsel for the petitioner contends that all through her academic career, petitioner had studied at Adilabad and Nirmal and she never studied at Mancherial. He further contends that by mistake, the petitioner claimed her local status as Mancherial instead of Adilabad. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the local status of the petitioner as Adilabad instead of Mancherial and also consider her case for appointment to the post of Junior Panchayat Secretary. Learned Government Pleader appearing for the respondents submits that ample opportunity has been given to the petitioner to correct the online application form, but she has not availed the same to edit the local status.

The 2nd respondent has also filed a counteraffidavit stating that all the candidates were given an opportunity from 03.09.2018 to 15.09.2018 to edit their applications. He further contends that instead of availing the said opportunity, petitioner straight away approached this Court, after declaring the results on 18.12.2018. Therefore, there is no merit in the writ petition and it is liable to be dismissed. Learned Government Pleader further submits that however, it is for the 2nd respondent to consider the representation of the petitioner and to pass appropriate orders in accordance with law.

This Court, having considered the rival submissions of both the parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the 2nd respondent within a period of two weeks from the date of receipt of copy of this order and upon such representation, the 2nd respondent would verify the original certificates of the petitioner and pass appropriate orders in accordance with law within a period of four weeks thereafter.

With the above observations, Writ Petition is disposed of. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

_________________________________ ABHINAND KUMAR SHAVILI,J Date: 18.03.2019 dv