Pasupula Nagaraju v. The State Of Telanagana, And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.Nos.15657, 15669, 15692 OF 2019 COMMON ORDER Heard learned counsel on either side.

Since the issue involved in all these writ petitions is one and the same, they are being heard and disposed of by way of this common order.

For the sake of convenience, the facts in W.P.No.15657 of 2019 are discussed hereunder.

W.P.No.15657 of 2019 is filed seeking the following relief:

"...to pass an order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondent No.2 in rejecting the petitioner name from provisional selection form user ID 9603843667 website www.tslprb.in on a untenable ground that the petitioner does not possess the graduation certificate by end of 01/07/2018 for the post of Sub Inspector as per recruitment notification No.R.No.89/RECT /ADMN-1/2018, dated 31/05/2018 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct respondent No.2 to accord access of Provisional Selection Form to the petitioner user ID 9603843667 in its website www.tslprb.in in the interest of justice and pass such other order or orders as deemed fit and proper in the circumstances of the case."

It is the case of the petitioner that he is fully eligible and qualified to be appointed to the post of Sub Inspector of

Police. Pursuant to the notification dated 31.5.2018, issued by the 2nd respondent-Telangana State Level Police Recruitment Board, he applied for the post of Sub Inspector of Police. As per the notification, the candidates must possess the requisite qualification of Graduation by 01.07.2018. The petitioner has passed Graduation on 5.5.2018. He participated in the selection process and fared well in the preliminary examination and also in the physical efficiency test. But, the respondents have deleted the name of the petitioner on the ground that he has not acquired the qualification of Graduation as on 01.07.2018 and the provisional certificate issued by the Rajiv Gandhi University of Knowledge Technologies was dated 5.11.2018.

While admitting the writ petition on 25.7.2019, this Court directed the respondents to consider the case of the petitioner for the post of Sub Inspector of Police by holding that the petitioner is having requisite qualification as on 1.7.2018. Learned counsel appearing for the petitioners in these writ petitions contended that the petitioners have appeared in the final examination in the month of April, 2018 and the results were published on 5.5.2018 and that the petitioners have passed the Graduation examination well within the time prescribed in the notification. It is further contended that in

spite of the interim direction granted by this Court on 25.7.2019, the respondents are not considering the case of the petitioners on the ground that the provisional certificates issued by the University were dated 5.11.2018. It is further contended that during the pendency of these writ petitions, the petitioners have impleaded the 3rd respondent and the 3rd respondent filed an affidavit on 29.10.2019 to the effect that the results of the petitioners were declared on 5.5.2018 and the petitioners were having the requisite qualification as on the date of notification.

It is prayed that appropriate orders be passed in these writ petitions directing the respondents to consider the case of the petitioners for appointment to the post of Sub Inspector of Police by duly taking into consideration the fact that the petitioners are having requisite qualification of Graduation well within the time stipulated in the notification and further direct the respondents to include the names of the petitioners in the provisional selection list. Learned Standing Counsel appearing for the 2nd respondent contended that the 3rd respondent has filed an affidavit clarifying that the petitioners have acquired the requisite qualification by 5.5.2018 and that the 2nd respondent would consider the affidavit submitted by the 3rd respondent and pass appropriate orders, in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, all the writ petitions are disposed of directing the 2nd respondent-Telangana State Level Police Recruitment Board to consider the cases of the petitioners for appointment to the post of Sub Inspector of Police by duly taking into consideration the fact that the petitioners have acquired the requisite qualification on 5.5.2018 i.e., within the stipulated time prescribed in the notification and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Accordingly, all the Writ Petitions are disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date:12.11.2019 rkk