Telangana High Court
Banoth Gopal And 3 Others vs The State Of Telangana on 19 September, 2022
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.600 OF 2021
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus declaring the impugned individual proceedings Rc.No.B7/12875/2009- 1, 2 & 3, dt.19.12.2019 in respect of the petitioners herein issued by the 3rd respondent as illegal, arbitrary and unconstitutional and consequently to set aside the same and hold that the petitioners are entitled for appointment to the post of School Assistants as per their selection in DSC 2008 by duly treating the petitioners as belonging to local Scheduled Tribe of Adilabad District.
2. Brief facts leading to the filing of the present Writ Petition are that the 2nd respondent has issued a Notification DSC 2008 on 06.12.2008 for Teacher Recruitment. The petitioners belong to Scheduled Tribe category. It is stated that the petitioners were successful in the examination and secured 62.50, 64.50 and 44.50 marks respectively in the written test. While the petitioners were being considered for appointment, the caste certificates of the petitioners were W.P.No.600 of 2021 2 cancelled by the Revenue Divisional Officer on the ground that they were fake. Against such cancellation, the petitioners filed Appeals before the District Collector and vide orders dt.09.04.2012, the District Collector confirmed the orders of the Revenue Divisional Officer. Thereafter, the petitioners filed Appeals before the Government and the Government vide orders dt.14.09.2018, after due enquiry has declared that the certificates produced by the petitioners are genuine, as per the re-enquiry conducted by the Enquiry Committee. Thereafter, the District Collector again referred the matter for re-verification of caste certificates of the petitioners in terms of G.O.Ms.No.24, dt.12.06.2018 and pursuant thereto, the certificates were again declared as not genuine. Challenging the said orders, the present Writ Petition is filed.
3. Learned counsel for the petitioners, Sri D. Bala Kishan Rao, submits that the petitioners have applied for DSC 2008 and therefore, the extant rules for the said period are only to be considered, whereas G.O.Ms.No.24 was issued in 2018. It is submitted that the Government after due enquiry has declared the certificates of the petitioners as genuine vide orders dt.14.09.2018 and therefore, the case of the petitioners should have been considered for appointment in terms of W.P.No.600 of 2021 3 rules in force in the year 2008 and not as per rules in force after G.O.Ms.No.24 was issued in 2018. Learned counsel submits that similar candidates whose caste certificates were cancelled had approached this Court in W.P.No.27351 of 2013 and vide orders dt.20.09.2013, this Court had directed the appointing authority to consider the case of the petitioners therein treating them as Scheduled Tribe candidates and issue appointment orders to them within a period of four (4) weeks from the date of receipt of a copy of the order. It is submitted that aggrieved, the Department had filed SLP (C) No.8206 of 2014 before the Hon'ble Supreme Court, but the same was also dismissed vide order dt.08.08.2014. He submits that if the certificates which are found to be genuine by the Government are considered, the petitioners would be eligible for appointment and in terms of the order of this Court in W.P.No.27351 of 2013 dt.20.09.2013, the petitioners herein also should be appointed on par with the candidates appointed in DSC 2008 with all consequential benefits.
4. Learned Government Pleader for Services-I relied upon the averments made in the counter affidavit. He submitted that though the Government had initially found the certificates of the petitioners to be W.P.No.600 of 2021 4 genuine, after enquiry by the Enquiry Committee in terms of G.O.Ms.No.24 dt.12.06.2018, they were again referred for re- verification of their local Agency certificates and the petitioners have been found to be not belonging to local Scheduled Tribes. Therefore, the cases of the petitioners have been rightly rejected by the authorities.
5. The learned counsel for the petitioners, in rebuttal, submitted that G.O.Ms.No.24 dt.12.06.2018 is not applicable to DSC 2008 and as long as the petitioners have been found to be genuine Scheduled Tribe candidates, they cannot be denied appointment on the said ground.
6. Having regard to the rival contentions and the material on record, it is noticed that the petitioners had applied for and were found successful in the written examination conducted for DSC 2008. The only reason as to why they were not appointed was that the Revenue Divisional Officer had cancelled the caste certificates of the petitioners. Subsequently, after enquiry, the certificates were found to be genuine by the Government. The reason for the delay in rendering decision by the Government in the year 2018 is not attributable to the petitioners, particularly G.O.Ms.No.24 since it was issued in the year 2018 and when this Court had directed the respondents to consider and appoint the W.P.No.600 of 2021 5 petitioners in accordance with the certificates issued by the Government, the District Collector could not have given any directions to order re- enquiry into the matter in terms of G.O.Ms.No.24. The case of the petitioners has to be considered as per the extant rules of DSC 2008 and since the certificates of the petitioners were found to be genuine in terms of the rules prior to G.O.Ms.No.24, the case of the petitioners ought to have been considered for appointment.
7. In view thereof, this Court directs the respondents to consider and appoint the petitioners to the post of School Assistants in the light of the certificates found to be genuine by the Government in the year 2018 and appoint them and confer benefits to them on par with the candidates who have been appointed pursuant to DSC 2008 with all consequential benefits such as seniority but without emoluments.
8. The Writ Petition is accordingly allowed. No order as to costs.
9. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 19.09.2022 Svv