M.Parasu Ramudu v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.8832 OF 2017 Dated:28.03.2017 Between:

M. Parasu Ramudu, S/o. M. Ranganna, Aged about 21 years, Occ: Unemployee, R/o. Paipadu Village, Vaddepally Mandal, Mahaboobnagar District, presently Jogulamba Gadwal District, Registration No.284666 .. Petitioner And The State of Telangana, rep., by its Principal Secretary to Government, Home Department, Telangana Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.8832 OF 2017 ORDER:

Heard.

2.

Petitioner participated in the recruitment selections to the post of Stipendiary Cadet Trainee Police Constables of Civil, Armed Reserve and Special Protection Force pursuant to the notification, dated 31.12.2015. The petitioner claims to be a local candidate of Mahabubnagar District. The grievance of the petitioner is even though he has secured more than the cut off marks, he was not selected as Police Constable and such action of the respondents is illegal.

3.

Learned counsel for the petitioner submits that this is only technical lapse, whereas the petitioner has actually studied in Mahabubnagar District from Class I to X and therefore he is a local candidate. He submits that during the certificates verification, all the original certificates were verified and therefore the petitioner ought to have been treated as local candidate by referring to paragraph No.16 of the notification. He also submits that once a candidate satisfies the study particulars of a District, the candidate automatically acquires the local status of that District and merely because the relevant columns are not filled up, he cannot be disentitled from being treated as a local candidate. He further submits that the petitioner has filled up the column dealing with the local status as Mahabubnagar and therefore it is sufficient.

4.

Learned Government Pleader for Services, on instructions, submits that since the petitioner has not filled up the columns of his study particulars, he cannot be treated as local candidate and therefore his claim is not valid. He has also drawn the attention of this Court to paragraph Nos.3 and 4 of the notification, dated 31.12.2015, which read as under:

"3.

The particulars furnished by the applicant in the Application Form will be taken as final. Candidates should therefore, be very careful in Uploading/submitting the application form online. The particulars made available in the website shall be processed through computer. 4.

Incomplete/incorrect application form will be summarily rejected. The information if any furnished by the candidate subsequently in any form will not be entertained by the Board under any circumstances. Applicants should be careful in filling up the application form before submission. If any lapse is detected at any stage of the recruitment process, the candidature will be rejected."

5.

Learned Government Pleader for Home submits that a bare perusal of the above paragraphs would show that the candidate has to fill up all the columns in the application form, as these particulars are the only basis for determination of the eligibility and suitability. In paragraph No.4 of the notification, it is stated that the incomplete/incorrect application form would be summarily rejected; any information furnished by the candidate subsequently in any form would not be entertained by the Board and therefore the applicants were warned to be careful in filling up all the columns.

6.

Recruitment to the post of Police Constables is governed by the provisions of the Andhra Pradesh Public Employment

(Organization of Local Cadres and Regulation of Direct Recruitment), Order, 1975 and the Rules governing the post and the recruitment notification clearly stipulated that a candidate must fill up all the required columns of eligibility and suitability. To treat a person to be a local candidate of a particular district, what is required is the study particulars for the last four years leading to X Class or resident certificate, if there is break of study between VII and X Classes.

7.

Admittedly, in the instant case, it is not in dispute that the petitioner has not filled up the columns of study particulars. By mere filling up the native District column, the petitioner cannot be treated as a local candidate. Therefore, the action of the respondent authorities in not treating the petitioner as a candidate of Mahabubnagar District and not selecting him against the notified vacancies cannot be faulted. Hence, I see no merit in the Writ Petition and it is liable to be dismissed. 8.

The Writ Petition is accordingly dismissed. 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:28.03.2017 KH