Kola Shashidhar v. The State Of Telangana
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.4958 OF 2019
ORDER
This writ petition is filed seeking the following relief: "..to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not treating petitioner as local to Mancherial District for selection to the post of Junior Panchayat Secretary under recruitment notification No.2560/CPR& RE/B2/2017, dated 31.08.2018, contrary to the G.O.Ms.No. 124, dated 30.08.2018 as illegal, without jurisdiction, violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to select and appoint the petitioner to the post of Junior Panchayat Secretary against a BC-A local vacancy in Mancherial District under notification No.2560/CPR&RE/B2/2017, dated 31.08.2018 as per his merit and eligibility and pass such and further orders in the interest of justice." Heard Sri S.Rahul Reddy, learned counsel for the petitioner and learned Government Pleader appearing for the respondents.
It is the case of the petitioner that he belongs to BC-A community and he is eligible and qualified to the post of Panchayat Secretary. Pursuant to the notification dated 31.08.2018 issued by the respondents for the post of Junior Panchayat Secretary, he applied for the same claiming the local status as "Nirmal District". At the time of verification, he was informed by the respondents that as per the Presidential Order, 2018, he is local to "Mancherial District" and non-local to "Nirmal District". Immediately, he approached the officials in
Mancherial District, where he was informed that his name does not find place in the list of selected candidates. Hence, he made a representation to the 2nd respondent to consider his merit, select and appoint him in any District in the reserved category. But, so far, no orders have been passed thereon. Since the persons, who secured less marks than the petitioner, were selected under BC-A category in Mancherial District, the present writ petition is filed.
Learned counsel appearing for the petitioner contends that though most of his education was pursued in Mancherial District, as per Presidential Order, 2018, he is a local candidate to "Nirmal District" and that appropriate orders be passed directing the respondents to consider the local status of the petitioner as "Nirmal District" instead of "Mancherial" and consider his case for appointment to the post of Junior Panchayat Secretary.
Learned Government Pleader appearing for the respondents submits that the 2nd respondent would consider the representation of the petitioner and would pass appropriate orders in accordance with law.
Having considered the rival submissions made by the learned counsel on either side, this writ petition is disposed of directing the petitioner to submit a representation afresh to the 2nd respondent within a period of two weeks from the date of
receipt of copy of this order. On receipt of such representation, the 2nd respondent shall verify the original certificates of the petitioner and pass appropriate orders within a period of four weeks thereafter, in accordance with law. No costs. Miscellaneous petitions, if any, pending, shall stand closed.
________________________________ JUSTICE ABHINAND KUMAR SHAVILI 19th March, 2019 rkk