Chathamina Pushpalatha v. State Of Telangana And 2 Others

I 32ee I I{IGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THTJRSDAY, THE EICHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT TIIE I{ONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO:44200 OF 2022 /'- Betrveen:

Chathamina Pushpalatha, D/o. Komaraiah, R./o. H.No. i3-47, Gandhinagar Mandal, Siddipet Dislrict - 502 lol ...,ETIT,,NER ANt) State ofTelangana, Rep. by its Pnncipal Secretary, School Education Department, Telangana Secretanal. Hyderabad. / The Commissioner and Director of School Education, State ofTelangana, Saifabad, Hyderabad. J

3. The District Educational Officer, Siddipet District ...

RESPONDENTS Petition under Aflicle 226 of the Constitution of India praying that in the circumstances stated in thc affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to (i) declare the action of the Respondents in not selecting the Petitioner to the Post of Secondary Grade Teacher in terms of the Notification dated 6l2-2008 though the Writ Petitioner is meritorious being within the merit select list in Siddipet District as illegal and arbitrary; (ii) declare that the Petitioner is entitled to the considered in the unfilled vacancies of the posts of Secondary Crade Teachers in terms of the Notification dated: 6-12-2008 strictly on the basis of the merit secured in'the written examination; (iii) Direct the respondents to consider the case tf the Petitioner for appointment to the post of SGT's in Siddipet District in the unfilled vacancies in terms of the notification dated: 6- 12-2008 on par with the Petitioners in WP No.

l 8683 of 2009 and batch dated. 27 -09-2022:, lA NO: I OF 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents Nos. 1 and 2 to consider the representations of the Petitioner dated 29-107022 for appointment to the post of Secondary Grade Teacher in pursuance of the Notification dated 6-12-2008 on par with the Petitioners in W.P. No.

Counsel for the Pctitioncr : SRI. Sr\l GUNDAVARAM PRAS[N Counsel for the Respondcnts : GP FOR SCHOOL EDUCATION The Court made the follorving:

HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.442OO of 2o22 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for School Education. With the consent of both the parties, the Writ petition is being taken up for disposal at the admission stage itself.

2.

The present writ petition is Iiled to declare the action of the respondents in not considering the case of the petitioner for appointment to the post of Secondary Grade Teacher as per her merit in pursuance to the notilication dated 06.12.2OO8 though she is selected and is in selection zone in Siddipet District as highly illegal, arbitrary and consequently direct the respondents to consider the case of the petitioner for appointment to the post of Secondary Grade Teacher by extending the benefit by passing final orders on the representation dated 29.10.2022, which is pending with l"t and respondent and by following the Judgment of a Division Bench of this Hon'ble Court in WP.Nos. 18683 of 2OO9, 17340 of 2Ol3 and 25683 qf 2015 dated 27.O9.2O22.

3.

Learned counsel for the petitioners submits that the short grievance of the petitioners is that respondent No. 1 and 2 are not considering the representation dated 29.10.2022 and prays this Hon'ble Court to direct the respondent Nos. 1 and 2 to consider the petitioner's representation, dated 29.tO.2022.

4.

The learned Government Pleader for School Education submits that the representation dated 29.LO.2O22 is still pending consideration, the respondents authorities may be directed to consider the said representation and pass appropriate orders thereon in accordance with law. 5.

Without going into the merits of the case and having regard to the fircts and circumstances of the case, the present writ petition is disposed of, directing respondent Nos. 1 and 2 to dispose of the petitioners representation, dated 29.1O.2O22 and pass appropriate orders thereon in accordance with law, as expeditiously as possible, preferably, within a period of four (O4) weeks from the date of receipt of the copy of order of this Court after giving a fair opportunity of hearing to the petitioner and communicate the same to the petitioner,

6.

Accordingly, this writ petition is disposed of. Miscellaneous application, if any pending, shall stand closed. No order as to costs.

SD/- P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, l. The Principal Secretary, School Education Department, Telangana Secretariat, Hyderabad, State of Telangana.

2. The Commissioner and Director of School Education, State ofTelangan4 Saifabad, Hyderabad.

3. The District Educational Officer, Siddipet District.

4. One CC to SRI. SAI GUNDAVARAM PRASEN Advocate [OPUC]

5. Two CCs to GP FOR SCHOOL EDUCATION, High Court for the State of Telangana, Hyderabad [OUT]

6. Two CD Copies

HI(;H COURT EVV, J DA'I.ED: |tlll2l2022 .,.

N \t\\.o, )\ Y tIN t\ * 7[?_3 OIIDER WP.No..14200 of 2022 WRIT PETITION IS I)ISPOSED OF WITTIOUT COSI'S