B.Brahma Chary v. State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21850 OF 2018 Dated:28.06.2018 Between:

B. Brahma Chary, S/o. Bikshamaiah, Aged about 36 years, R/o. Rajupeta, Thipparthi Mandal, Nalgonda District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Planning Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21850 OF 2018 ORDER:

Heard learned counsel for the petitioners;

learned Government Pleader for Finance and Planning appearing for the 1st respondent and learned Standing Counsel for the Telangana State Public Service Commission (TSPSC).

2.

The TSPSC issued notification dated 02.06.2018 calling for applications to fill up the post of Mandal Planning and Statistical Officer/Assistant Statistical Officer. The total vacancies notified were 474. The notification prescribes the qualifications required to participate in the selections and paragraph No.4 thereof deals with the qualifications required.

Petitioners challenge the said notification to the extent of prescription of the qualifications. 3.

According to learned counsel for the petitioners, petitioners were appointed from 2015 onwards on various dates as Part Time Supervisors on temporary basis under Prime Minister Fasal Bheema Yojayan Scheme of agricultural department and have been working in the said capacity. He further submits that though petitioners do not possess the qualifications prescribed, having regard to the fact that they are working as Part Time Supervisors doing the same nature of work, which is required to be undertaken by the Mandal Planning and Statistical Officer/Assistant Statistical Officer without insisting for the qualifications prescribed in the recruitment notification, they should have been considered.

4.

As pointed out by learned Standing Counsel for TSPSC and learned Government Pleader for Finance and Planning, the posts of Mandal Planning and Statistical Officer/Assistant Statistical Officer are governed by the Telangana Chemical and Statistical Sub-ordinate Service Rules (for short, 'the Rules') notified vide G.O.Ms.No.42, dated 11.06.1992, and amended from time to time. As seen from the tabulated statement appended to the Rules, the qualifications prescribed in the said Rules are reiterated in the recruitment notification. In other words, the qualifications required, as specified in the notification, are in accordance with the qualifications specified in the Rules. The Rules are not under challenge. In the absence of challenge to the Rules, petitioners cannot question the qualifications prescribed in the notification. I, therefore, see no merit in the Writ Petition. 5.

The Writ Petition is accordingly dismissed in limini. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:28.06.2018 KH