Smt. Suneetha Potru, v. State Of Telangana,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NOs.8212 & 8583 OF 2018 WP No.8212 of 2018:
Between:
Smt. M Sunitha, D/o. Sri Radha Krishna, Aged about 34 years, R/o. Kothagudem, Khammam district.
.....Petitioner and State of Telangana, rep.by its Prl.Secretary, G.A. (Services-A) Department, Secretariat Buildings, Hyderabad and another.
.....Respondents DATE OF JUDGMENT PRONOUNCED : 14.06.2018 THE HON'BLE SRI JUSTICE P.NAVEEN RAO 1.
Whether Reporters of Local Newspapers : No may be allowed to see the Judgments ?
2.
Whether the copies of judgment may be : Yes marked to Law Reporters/Journals 3.
Whether Their Lordship wish to : No see the fair copy of the Judgment ?
*THE HON'BLE SRI JUSTICE P.NAVEEN RAO + WRIT PETITION NOs.8212 & 8583 OF 2018 %14.06.2018 WP No.8212 of 2018:
# Smt. M Sunitha, D/o. Sri Radha Krishna, Aged about 34 years, R/o. Kothagudem, Khammam district.
... Petitioner Vs.
$ State of Telangana, rep.by its Prl.Secretary, G.A. (Services-A) Department, Secretariat Buildings, Hyderabad and another.
.... Respondents !Counsel for the petitioners : Sri Srinivas Karra Counsel for the Respondents: Government Pleader for Services-I (TG) for respondent No.1;
Sri D.Bala Kishan Rao, standing counsel for TSPSC for respondent no.2 in both Writ petitions.
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HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.8212 & 8583 OF 2018 COMMON ORDER:
Heard Sri Srinivas Karra, learned counsel for petitioners, learned Government Pleader for services-I (TG) for respondent No.1 and Sri D.Bala Kishan Rao, learned standing counsel for TSPSC for respondent no.2 in both writ petitions.
2.
In response to the recruitment notification No.14 of 2017 dated 14.04.2017, inviting applications from the qualified candidates for the post of "Trained Graduate Teacher" (TGT) in residential educational institution societies, petitioners applied and participated in the selections. Petitioners were short listed for further selection process. On verification of the certificates produced by petitioners, the applications of petitioners were rejected on the ground that only one required optional subject is mentioned in the graduation certificate produced by petitioners. Aggrieved thereby these writ petitions are filed. 3.
According to petitioner in W.P.No.8212 of 2018, she secured Bachelor's Degree from Kakatiya University in the year 2004 with Economics as main subject. She secured Bachelor of Education degree in the year 2006. Passed M.A., in Economics from Kakatiya University.
4.
According to petitioner in W.P.No.8583 of 2018, she secured Bachelor's Degree from Kakatiya University in the year 2004 with Economics as main subject. She secured Bachelor of Education
(B.Ed.,) from Kakatiya University in the year 2006 in Social subject.
5.
According to learned counsel for petitioners, in the final year of three years B.A. course of study, they have studied "Rural Development' and passed Rural Development-IV examination. 'Rural Development' is 'subsidiary' to Economics and therefore they are qualified for the post of Trained Graduate Teachers. He would therefore submit that excluding their names from consideration on the ground that they had only Economics as main subject and does not have other qualifications is erroneous. By referring to the definition of 'subsidiary', learned counsel would submit that 'Rural Development' subject has to be treated as 'subsidiary' and therefore they have requisite qualifications. 6.
Per contra, learned standing counsel would submit that as per the qualification prescribed, a candidate must have two of the subjects mentioned in the notification as optional or one of them as main and any other one as a 'subsidiary' subject. Petitioners have chosen three optional subjects. Only one of them is prescribed as required, i.e. 'Economics'. They have not chosen the other subjects mentioned in the notification as 'subsidiary' subject. 'Rural Development' is no way connected to Economics and is not 'subsidiary' to 'Economics'. It is also not mentioned as a 'subsidiary' subject. He would therefore submit that petitioners are not qualified and their candidature was validly rejected. 7.
Petitioners are seeking employment as TGT in Social Studies. In the recruitment notification, the qualifications prescribed to the post of TGT (Social studies) read as under:
Sl.
No.
Name of the Post Subjects 10.
1) Must possess a Bachelor's Degree with any two of the following subjects as optional OR one of them as a main and any other one as a subsidiary subject. (i) Economics (ii) History (iii) Political Science (iv) Sociology (v) Public Administration (vi) Geography (vii) Commerce (viii) Politics (ix) Social Anthropology (x) Ancient Indian History Culture and Archaeology (xi) Anthropology (xii) Social work (xiii) Philosophy (xiv) Psychology OR
2) B.Com from an institution recognized by UGC. AND B.Ed Degree with Social studies/ social sciences/ Geography / History/ Politics/ Political Science/ Economics as a Methodology subject from an institution recognized by NCTE Trained Graduate Teacher in Social Studies 8.
From the above extract, it is seen that a person must possess Bachelor's Degree with any of the two subjects mentioned therein as optional subjects or one of them as main and any other as a subsidiary. Petitioners prosecuted Bachelor Degree Courses in Arts with 'Economics', 'Office Management' and 'Computer Applications' as optionals. In addition, they have also passed one paper in 'Rural Development' in the final year of the course. 9.
As per the list of subjects mentioned in the Annexure-'A', against TGT (Social studies), petitioners prosecuted their B.A. Degree Course only in 'Economics' as one of the three optionals. Their other two optionals are not shown as optionals in the said list. 'Rural Development' is not mentioned in the said list. 10.
Learned counsel for petitioners sought to contend that as petitioners prosecuted 'Rural Development' in the final year, it should be treated as subsidiary and, therefore, petitioners possess eligibility. To buttress his contention, he placed reliance on TSPSC
Notification No.52/2017 dated 21.10.2017 for Teachers recruitment.
11.
Annexure - 'A' of said notification lists out allied subjects to various subjects mentioned therein. For 'Political Science or Politics' subject, Environmental studies, International studies, Rural Development and Public Policy are mentioned as allied subjects.
12.
Assuming what is contended by learned counsel is valid, even this document treats the 'Rural Development subject' as allied subject to Political Science or Politics. Sl.No.7 of the annexure-'A' to the above notification deals with 'Economics', and 'Rural Development' is not shown as allied subject to 'Economics'. In the present recruitment, the term used is 'subsidiary', and not 'allied'. Further, what is provided in the relevant column against the post in the recruitment notification is taking one subject as 'subsidiary' in addition to one main subject mentioned therein. 'Subsidiary' means 'subordinate'; 'one who or that which aids or supplies'. Thus, candidate must have one main and one of the subjects mentioned against post of TGT in Social studies as 'subsidiary'. Admittedly, petitioners have not prosecuted B.A. Degree with two optional subjects mentioned therein or one as main and one as 'subsidiary'. Thus, even the alternative submissions also do not come to the aid of petitioners.
13.
On cumulative analysis of relevant qualifications required to the post of TGT of Social studies and the qualifications possessed by petitioners, it is clear that petitioners do not have the requisite qualification and, therefore, they are not eligible to be appointed as
TGT in Social studies. Thus, not considering the petitioners for the said post cannot be faulted. Writ Petitions merit no consideration and accordingly, Writ Petitions are dismissed.
Pending miscellaneous petitions shall stand closed. No costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 14.06.2018 kkm
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.8212 & 8583 OF 2018 Date: 14.06.2018 Kkm