Telangana High Court
Mohammed.Asma Sulthana vs The State Of Telangana, on 28 June, 2018
Author: P. Naveen Rao
Bench: P. Naveen Rao
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.21550 OF 2018
Dated:28.06.2018
Between:
Mohammed Asma Sulthana,
W/o. Shaik Saleem Pasha,
D/o.Kaza Moinoddin, aged about
31 years, Occ: Housewife,
R/o.Ponugodu Village, Garidepally
Mandal, Nalgonda District .. Petitioner
And
The State of Telangana, Human Rights
Commission, rep., by its Secretary,
Gruhakalpa Complex, M.J. Road,
Opp: Gandhi Bhavan, Nampally,
Hyderabad and others .. Respondents
The Court made the following:
2
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.21550 OF 2018
ORDER:
Heard.
2. Petitioner is one of the candidates, who participated in the selections for the post of Forest Range Officer. She qualified in the written examination conducted by the Telangana State Public Service Commission (TSPSC).
3. As per the procedure of selection, based on the merit secured by the candidates, they will be called for physical examination and walking test and the successful candidates in the said examinations will be subjected to medical examination and based on their eligibility and suitability, the final merit list would be prepared.
4. According to TSPSC, after announcement of the results in the written examination, the candidates were informed by press note and web note with regard to holding of physical examination and walking test from 04.05.2018 to 11.05.2018 in Hyderabad for women. Thereafter, the candidates, who qualified in physical examination and walking test, were called for medical examination scheduled from 31.05.2018 to 04.06.2018 in Gandhi Hospital, Hyderabad. Accordingly, petitioner was also informed about qualifying in written examination and she had to undergo physical examination and walking test. However, she did not participate.
5. According to learned counsel for the petitioner, petitioner had to undergo cesarean section on 20.04.2018 and as her new born 3 child was hospitalized from 02.05.2018 to 09.05.2018 and as she was attending to her new born child, she could not participate in the tests conducted and could not immediately make a request to the TSPSC. However, according to learned counsel, husband of the petitioner orally requested the TSPSC authorities to subject the petitioner to physical examination and walking test on some other date.
6. Petitioner kept quiet till completion of medical examination and thereafter, she made a representation on 04.06.2018 requesting to conduct physical examination and walking test to her. Alleging inaction and proceeding with the selection process, this Writ Petition is filed.
7. As noted above, the schedule was announced and as per the schedule, tests were conducted. There is no procedure of conducting tests to individuals separately and that too after the entire process is over. Petitioner kept quiet for the reasons best known, even after the discharge of her child on 09.05.2018 and waited till completion of the schedule of the medical examination and on the last date made such a request. As the exercise includes various stages and consideration of various claims, an individual request that too made belatedly cannot be entertained. Therefore, not accepting the request by the TSPSC authorities cannot be faulted.
8. However, at this stage, learned Standing Counsel for TSPSC submits that for any reason if sufficient candidates are not available in 1:2 ratio, the others lower down in the merit list would be called for physical and walking tests and medical examination 4 also and at that stage, TSPSC would consider the claim of the petitioner.
9. Recording the said submission, the Writ Petition is 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:28.06.2018 KH