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High Court for State of TelanganaWP/12617/2016disposed of no costs

G.Ravi Kumar, Nalgonda Dist v. Prl Secy, Health, Medical And Family Welfare Dept., Hyd And 7 Ot

2019-08-22Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.12617 of 2016 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ...... to issue Writ, order or direction more particularly one in the Writ of Mandamus to issue order or direction more particularly one in the Writ of Mandamus to declare that the Petitioner is entitled to be selected and appointed to the post of Dental Technician since Petitioner alone complied the conditions mentioned in Annexure-II appended to G.O.Ms.No.67 dt.1.8.2015 and further to hold that the 7th and 8th respondents are not entitled, since they have registered their names with the 6th respondent and not complied with Dental Hygienist Course regulations as notified by the Dental Council of India as published in Gazette of India Notification dt.19.8.

2008 and consequently direct the respondents 3 and 4 to select and appoint the petitioner to the post of Dental Technician in pursuance of G.O.Ms.No.67 dt.1.8.2015 on the file of the 1st respondent ......" Heard Mr.M.Venkat Ram Reddy, learned counsel for petitioner, learned Government Pleader for Services-II for respondents 1 to 4, learned Standing Counsel for respondents 5 and 6, Mr.A.Jagan, learned counsel for the 7th respondent and Mr.J.Konda Reddy learned counsel for the 8th respondent. It has been contended by the petitioner that he is fully eligible and qualified to be appointed as Dental Technician and the respondents have issued Notification inviting applications for filling up the post of Dental Technician on contract basis vide G.O.Ms.No.67 dated 01.08.2015.

Learned counsel for the petitioner submits that as per Annexure-II of the said G.O., the petitioner alone is eligible for appointment to the post of Dental Technician, as the petitioner got registered his name with the Dental Council whereas the unofficial respondents have not registered their names with the Dental Council. Therefore, the learned counsel submits that appropriate orders be passed in the writ petition directing the respondents to conclude the selection process initiated pursuant to G.O.Ms.No.67 dated 01.08.2015 in accordance with Rules.

Learned Government Pleader, learned Standing Counsel and the learned counsel appearing for unofficial respondents submit that the respondents would conclude the selection process said to have been initiated pursuant to G.O.Ms.No.67 dated 01.08.2015 in accordance with Rules.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to conclude the selection process initiated pursuant to G.O.Ms.No.67 dated 01.08.2015 in accordance with Rules, by duly selecting the most eligible candidate among the persons, who have responded to the Notification, within two months from the date of receipt of a copy of this order. With the above observations, the writ petition is allowed. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 22-08-2019 Prv