Pemmella Ganesh v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.23731 OF 2019 ORDER:

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

This Writ Petition is filed seeking a writ of mandamus to declare the action of the third respondent in not taking any steps to rectify the discrepancies occurred with regard to the performance sheets in spite of the letter of the second respondent bearing C.No.4814/A1/(Rect.)/2018 dated 15.04.2019, as being illegal, arbitrary and unjust and sought a consequential direction to the third respondent to rectify the discrepancies pursuant to the letter of the second respondent dated 15.04.2019.

Heard Sri Gajanand Chakravarthy, learned counsel for the petitioner and Sri M.V. Rama Rao, learned Standing Counsel for third respondent.

It is contended by the petitioner that he has applied for the post of Police Constable in pursuance of the notification dated 31.05.2018 and the petitioner has done well in the selection process. However, while recording the physical performance of the petitioner, the performance in respect of high-jump of the petitioner was erroneously recorded as 1.36 instead of 1.46 meters and the second respondent has requested the third respondent to rectify the said mistake and correct the discrepancy in respect of the petitioner's performance in respect of high-jump from1.36 to 1.46 meters. When the case of the

petitioner was not considered for rectification of the said discrepancy, he submitted a representation dated 09.05.2019, but so far the petitioner's representation has not been considered and the case of the petitioner for appointment to the post of Police Constable is also not considered and hence, he sought a direction to the respondents to consider the representation submitted by the petitioner and appropriate orders be passed in accordance with law.

Learned Standing Counsel contended that the discrepancy in the performance-sheet of the petitioner was rectified in respect of high-jump from1.36 to1.46 meters and the case of the petitioner was considered. However, the respondents would pass appropriate orders on the representation of the petitioner. Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the representation submitted by the petitioner on 09.05.2019 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. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.

_________________________________ (ABHINAND KUMAR SHAVILI, J) 12th November 2019 RRB