B.Vijay Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.6532 of 2019 ORDER:

This Writ Petition is being disposed of at the admission stage with the consent of both the counsel.

2.

This Writ Petition is filed seeking Writ of Mandamus declaring the action of respondents in releasing selection list dated 01-03-2019 of the Teacher Recruitment Test in School Education Department for the post of Language Pandit (Telugu Medium) conducted in pursuance of Notification No.54/17, dated 21-10-2017 without removing relinquished candidates or unwilling candidates as illegal, arbitrary and violative of principles of natural justice and Articles 14 and 16 of the Constitution of India. 3.

Heard Sri Praveen Kumar Challa, learned counsel for the petitioner and Sri D.Balakishan Rao, learned counsel for the 2nd respondent.

4.

It has been contended by the petitioner that he is provisionally eligible for the post of Language Pandit (Telugu Medium). Respondents issued Notification No.54/17, dated 21-10-2017 and the petitioner has responded to the said Notification. But in the selection list released by the respondents, his name was not there. His contention is that respondents without deleting the names

AKS,J W.P.Nos.6532 of 2019 of relinquished candidates, released the selection list, and as a result, his name was not included in the selection list. 5.

The grievance of the petitioner is that the respondents have finalized the selection without following Rule 6-A of Telangana State Public Service Commission Rules (TSPSC Rules) and consequently the case of the petitioner could not be considered against the relinquished vacancy. Therefore, the learned counsel for the petitioner contends that appropriate orders be passed in the Writ Petition directing the respondents to follow Rule 6-A of the TSPSC Rules strictly and consider the case of the petitioner against the unfilled relinquished vacancy. The petitioner further submits that there are two relinquished vacant posts which can be filled up with next meritorious candidates.

6.

Learned Standing Counsel for the respondents submits that the petitioner submitted representation on 02-03-2019 and the respondents would consider the said representation and consider the case of the petitioner against the unfilled vacancies. 7.

This Court, having considered the rival submissions made by both the parties, is of the considered view that the Writ Petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 02-03-2019 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

AKS,J W.P.Nos.6532 of 2019 8.

With the above observations, the Writ Petition is disposed of. No order as to costs.

9.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 28-03-2019 kvr