Kancherla Thirupathi v. The State Of Telangana

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL No.188 of 2018 ORAL JUDGMENT: (Per Suresh Kumar Kait, J) The present appeal has been filed because of the notice issued in W.P.No.1917 of 2018 by the learned single Judge without any direction to the respondents to allow the appellants herein to participate in the selection process pursuant to Notification No.67 of 2017 dated 18.12.2017. We note that the learned single Judge issued notice in the writ petition referred above, which is filed by the appellants herein, and directed to post the matter after three weeks.

Learned counsel appearing on behalf of the appellants submits that the last date for submission of applications was 24.01.2018, however, it is extended upto 10.02.2018. The case of the appellants is that, earlier, Government issued G.O.Ms.No.33 dated 17.01.2000, in which the qualification of P.G. Diploma in Clinical Bio Chemistry course of Kakatiya University recognised by the University Grants Commission was included as one of the qualifications for the post of Lab Technician Grade-II. This condition was incorporated by amending the Rules and in view of the Rules, the appellants have studied the said course with a fond hope that they would get employment. Their grievance is that, now, without amending the said Rules and without even referring to the earlier G.O., Government issued G.O.Ms.No.166 dated 09.09.2017, basing on which the 2nd respondent issued the recruitment notification, without including the aforesaid qualification as one of the qualifications for appointment to the post of Lab Technician Grade-II, which is nothing but discrimination.

SKK, J & AKS, J W.A.No.188 of 2018 Without expressing any opinion on the issue raised by the appellants, we hereby give an opportunity to the appellants to make a representation to the respondents within two days. In such an event, the respondents shall consider the same on or before 09.02.2018, take a decision as to whether the grievance of the appellants can be considered and whether they can be allowed to participate in the selection process pursuant to Notification No.67 of 2017 dated 18.12.2017 and communicate the decision taken, to the appellants on the very same day.

In view of the above, the appeal is disposed of. Miscellaneous petitions, if any pending in the appeal, stand closed. No order as to costs. Consequently, W.P.No.1917 of 2018 pending before the learned single Judge also stands disposed of.

________________________ SURESH KUMAR KAIT, J ______________________________ ABHINAND KUMAR SHAVILI, J February 07, 2018 MRR Note: C.C. today B.O.