N. Sugunakar v. State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.3277 OF 2019 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking a writ of Mandamus declaring the impugned Selection Notification dated 12.02.2019 of provisionally selected candidates for appointment to the post of Forest Beat Officer under notification No.48/2017 dated 15.08.2017 in the 1st respondent department published by the 2nd respondent excluding the hall ticket numbers of the petitioners, who are more meritorious than several other selected candidates in their respective reserved categories, as arbitrary, illegal, without jurisdiction and violative of Articles 14, 16 and 21 of the Constitution of India and sought a consequential direction to set aside the same to the extent of the petitioners by further directing the respondents to select and appoint the petitioners to the posts of Forest Beat Officer under notification No.48/2017 dated 15.08.2017 published by the 2nd respondent as per their merit in their respective reserved categories and impose exemplary costs.

Heard Sri S. Rahul Reddy, learned counsel for the petitioners, and Sri D. Bala Kishan Rao, learned Standing Counsel appearing for the 2nd respondent.

It has been contended by the petitioners that they are fully eligible and qualified to be appointed to the posts of Forest Beat Officer and the respondents have issued notification No.48/17 dated 15.08.2017 inviting applications for the posts of Forest Beat Officer. The petitioners have responded to the said notification and have participated in the selection

AKS,J W.P.No.3277_2019 process. The petitioners contend that in the selection process, they have faired decently well, but in the selection notification dated 12.02.2019 issued by the respondents, their hall ticket numbers are not shown even though they have secured more marks and the hall tickets numbers of some of the candidates who have secured less marks than the petitioners are shown. In those set of circumstances, the petitioners have submitted representations to the respondents on 13.02.2019 and 15.02.

2019 bringing to the notice of the respondents that the hall ticket numbers of less meritorious candidates have been shown in the selection notification and requested the respondents to include their hall ticket numbers in the selection notification, as they have secured more marks than the selected candidates, but, so far the respondents have not passed any orders on the representations nor considered the cases of the petitioners for inclusion of their hall ticket numbers in the selection notification. Therefore, learned counsel for the petitioners contends that appropriate orders be passed in the writ petition directing the respondents to consider the representations submitted by the petitioners and pass appropriate orders thereon in accordance with law.

Learned Standing Counsel appearing for the 2nd respondent had contended that the cases of the petitioners would be examined and appropriate orders would be passed on the representations submitted by the petitioners.

This Court, having considered the rival submissions of the learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representations submitted by the petitioners on 13.02.2019 and 15.02.2019

AKS,J W.P.No.3277_2019 and pass appropriate orders thereon in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Dated: 29th April, 2019 v v