Telangana High Court
G. Parmesh, vs The Principal District And Sessions ... on 24 November, 2022
Author: P Naveen Rao
Bench: P. Naveen Rao
1
HON'BLE SRI JUSTICE P. NAVEEN RAO
HON'BLE SRI JUSTICE J. SREENIVAS RAO
W.P. No. 10211 of 2018
ORDER:(Per Hon'ble Sri Justice P Naveen Rao) Heard learned counsel for petitioner Ms. G.Uma Rani and learned standing counsel for respondents 1 and 2 Ms. Uma Devi.
2. Notification No. 9656/Admn/2016 was issued on 21.12.2016 by the District and Sessions Judge, Ranga Reddy district calling for applications for recruitment to the post of Process Server. The post of Process Server is organized as a District cadre post and required educational qualification is pass in 7th class examination or its equivalent. Petitioner applied for the said post as a candidate belonging to Ranga Reddy District and participated in the selections and was declared as qualified. After provisional selection, he was called to produce educational and other certificates. On verification of the certificates produced by the petitioner, a doubt was entertained with reference to local candidate status of the petitioner. The reason for entertaining the doubt was on the ground that 'Lothukunta' area in Secunderabad was earlier forming part of Ranga Reddy District, and same was transferred to Hyderabad District with effect from 1.4.2004 and as petitioner prosecuted 7th class after the year 2004 in a school located in 'Lothukunta' area, as such, he may not be a local candidate of Ranga Reddy district. The District and Sessions Judge, Ranga Reddy district vide letter dated 2.1.2018 submitted a 2 clarification stating that 'Lothukunta' area now forms part of Hyderabad district and in view of the same, petitioner was treated as non-local candidate of Ranga Reddy district and as he was not coming within the zone of selection against non-local vacancy, he was not selected. Aggrieved thereby, this writ petition is filed.
3. According to learned counsel for petitioner, petitioner has studied in 'ST.John's High School' Lothkunta, Secunderabad from Class 1 to 10th during the academic years 1998 to 2009. 'Lothkunta' area was transferred to Hyderabad district w.e.f. 1.4.2004. However, all educational institutions located in 'Lothkumta' area continued to be under the control of District Educational Officer, Ranga Reddy district till the year 2006. Petitioner appeared for 7th class examination conducted under the supervision of District Educational Officer, Ranga Reddy district. Therefore, petitioner should be treated as local candidate of Ranga Reddy.
4. 'The A.P. Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (for short the Presidential Order) regulates appointments under Local Candidate category. As per the Presidential Order, posts are organized into District cadres, Zonal cadres, Multi-zonal cadres and State cadres. The post of Process Service in the District Judiciary service is organized as a District cadre post. As per Presidential Order, 80% of the posts in the District cadre are reserved for local candidates and 20 % are unreserved and open without regard to local candidate status. 3
5. Paragraph no.7 of the Presidential Order deals with how a person can be treated as a 'local candidate' in relation to a local area. According to this provision, in case where minimum educational qualification has been prescribed for recruitment to the post, the candidate must have studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination. Paragraph 7 also deals with two other contingencies. Firstly, where the candidate has not studied in any educational institution during the four consecutive academic years preceding the relevant qualifying examination he/she must show that he/she resided in that local area for a period not less than four years immediately preceding the date of commencement of qualifying examination to be a local candidate of that local area.
6. The second contingency is covered by paragraph 7 (2) (a) (i). It reads as under:
"if he has studied in educational institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination, be regarded as local candidate in relation to ---
(1) such local area where he has studied for the maximum period out of the said period of seven years; or (2) where the period of his study in two or more local areas are equal, such local areas where he has studied last in such equal periods;
7. As per this provision, a candidate is required to be treated as local candidate of an area in which he has studied more number of 4 years as compared to other local area out of seven consecutive academic years.
8. Having regard to this provision, it is required to notice as to in which category petitioner falls into.
9. Firstly, though 'Lothkunta' area was transferred to Hyderabad district with effect from 1.4.2004, when he appeared for 7th class examination from 'ST.John's High School' Lothkunta, Secunderabad, said school was under the control of District Educational Officer, Ranga Reddy District. Therefore, he should be treated as local candidate of Ranga Reddy district. Even otherwise, out of seven years leading to 7th class examination, for five years, petitioner has studied in Ranga Reddy district local area, therefore as per paragraph 7 (2) (a) (i) of the Presidential Order, the petitioner has to be treated as local candidate of Ranga Reddy district since he has studied in 'Lothkunta' area before it became part of Hyderabad district.
10. Thus, looking from any angle, petitioner has to be treated as local candidate of Ranga Reddy District. Thus, treating the petitioner as non local of Ranga Reddy district and not subjecting him to further selection process is illegal. Further, having regard to the fact that writ petition was instituted in the year 2018 and much earlier to the year 2018 third respondent was appointed to the post of Process Server and since we are informed that there are vacancies of 5 Process Server available in the unit of Ranga Reddy district, we do not intend to disturb the appointment of third respondent at this stage.
11. Accordingly writ petition is allowed directing the respondents 1 and 2 to consider the claim of the petitioner for appointment to the post of Process Server in Ranga Reddy district judiciary pursuant to Notification No. 9656/ADmn/2016 dated 21.12.2016 in the existing vacancies treating him as local candidate of Ranga Reddy district without disturbing the selection and appointment of third respondent. On his appointment as Process Server, petitioner is entitled to seniority based on merit secured by him in the selections conducted in pursuant to recruitment Notification No. 9656/Admn/2016 dated 21.12.2016. Entire exercise shall be completed within eight weeks from the date of receipt of copy of this order. Miscellaneous applications, if any pending stand closed.
__________________ P NAVEEN RAO,J _____________________ J. SREENIVAS RAO,J DATE: 24.11.2022 TVK 6 HON'BLE SRI JUSTICE P. NAVEEN RAO HON'BLE SRI JUSTICE J. SREENIVAS RAO W.P. No. 10211 of 2018 Date: 24.11.2022