Telangana High Court
P. Krishna vs The Union Of India And 2 Others on 10 March, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.25066 of 2022
ORDER:
Heard Sri M.V. Hanumantha Rao, learned counsel appearing on behalf of petitioner, Sri B. Jithender, and learned Standing Counsel for Central Government) appearing on behalf of respondent Nos.1 to 3.
2. The petitioner approached the Court seeking prayer as under:
"...to issue a writ, order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 and 3 in not following the procedure for selection of candidates for the post of Technical Assistants (Computer Section) NT-004 as per advertisement vide employment notification No. NIPER- HYD/01/2021-22 without following procedure as illegal, arbitrary and violative of principles of natural justice and also violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to forthwith issue appointment order to the petitioner for the post of Technical Assistant (Computer Section) NT-004 and pass...".
3. The case of the petitioner, in brief, is that the petitioner applied for the post of Technical Assistant (Computer Section) 2 SN, J WP_25066_2022 NT-004 and appeared for written examination on 12.04.2022. The petitioner secured rank 13 with 39.50 score but not submitted for tier-II Phase of examination. The reason for not short-listing the petitioner was given as "not having essential qualifications". But the candidate with rank-14 was shortlisted for the Tier-II, Phase of examination. Aggrieved by the action of the respondents, the petitioner approached the Court by filing the present writ petition.
4. Counter affidavit has been filed on behalf of respondents and the relevant para Nos.8 to 13 are extracted hereunder:
"8. In reply to para 3 It is submitted that the Petitioner has applied for the post of Technical Assistant (Computer Section) advertised by NIPER Hyderabad vide notification no, NIPER-HYD/01/2021-22 - Annexed as Annexure-I and there were 160 candidates who applied for this post and admit-cards were issued to all these 160 candidates to appear for Tier-1 examination. Out of 160 candidates, 47 candidates appeared for Tier-1 examination on 12.04.22. It is stated that the qualification and experience prescribed are as under. The same was also published in the notification.
Essential Qualification: Bachelor's degree in Computer Sciences from a recognised University/ Institute.3
SN, J WP_25066_2022 Experience: 3 (Three) years of experience in data management and website management.
9. It is submitted that upon scrutiny of the documents uploaded by the petitioner at the time of online application submission, it is found that the petitioner possess B.Sc degree with Computer Science as one of the subjects but not as a course which does not meet the essential qualification required for the post.
10. Besides, the petitioner does not possess relevant experience (3 years in Data Management & Website Management) as prescribed in the notification. It also found that the petitioner is working as Upper Division Clerk at Atomic Minerals Directorate, Hyderabad and role of work as computer operator which does not fit to the experience required for the post.
11. In reply to para No. 4, it is submitted that the Petitioner has scored 39.50 marks and secured 14th position as per merit in Tier-1 examination. It may also be noted that, there are 8 candidates in the merit who are not eligible for Tier-II examination as per eligibility criteria notified in the advertisement. The details of marks obtained by the candidates in Tier-I examination is also attached. (Annexed as Annexure-II)
12. In reply to para No. 5, it is submitted that averments made by the petitioners were totally baseless and fabricated. The petitioner did not ask any information regarding examination details.4
SN, J WP_25066_2022
13. In reply to para No. 6 and 7, it is submitted that top 6 candidates were selected for tier II examination but none of the candidate could clear the examination thus the committee formed for recruitment submitted the report as NFS (NONE FOUND SUITABLE). The petitioner has raised the objection about tier II examination without being qualified for tier II exam. Further, it is reiterated that if the petitioner has any objection about the tier 11 examination, he should have pointed out before appearing in the tier I examination. It is submitted that upon scrutiny of the documents uploaded by the petitioner at the time of online application submission, it is found that the petitioner possess B.Sc degree with Computer Science as one of the subjects but not as a course which does not meet the essential qualification required for the post.
5. Sri B. Jithender, learned Standing Counsel for Central Government) appearing on behalf of respondent Nos.1 to 3 appearing on behalf of respondents submits that the petitioner does not possess relevant experience three years in Data management and Website Management as prescribed in the notification, and further the petitioner possesses B.Sc degree with Computer Science as one of the subjects but not as a course which does not meet the essential qualification required for the post. Learned counsel submits that none of the candidates 5 SN, J WP_25066_2022 were found suitable and the writ petition itself has become infructuous.
6. Taking into consideration:
(a) The aforesaid facts and circumstances of the case,
(b) The submissions made by the learned counsel appearing on behalf of the petitioner, and learned Standing Counsel for Central Government appearing on behalf of respondent Nos.1 to 3 and the averments made in the counter affidavit filed on behalf of respondents in particular para Nos.8 to 13 (referred to and extracted above), The writ petition is dismissed. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 10.03.2025 Skj 6 SN, J WP_25066_2022 219 HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.25066 OF 2022 DATE: 10.03.2025 Skj