Telangana High Court
S.Bapuji Goud vs The District Educational Officer on 16 November, 2022
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.10171 OF 2018
ORDER:
Heard both sides.
2. The petitioner filed the present writ petition seeking the prayer as follows:
"To issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus declare that petitioner is entitled to be appointed as Secondary Grade Teacher (DSC-HT No.1496) in DSC-1989 from the date on which less meritorious candidates and like the unofficial respondent appointed vide orders dt.11.01.2010 who also granted retrospective seniority with all consequential benefits like, seniority, promotion, pay fixation etc., including arrears of salary by holding the action of the respondents in depriving the appointment to the petitioner though he is more meritorious candidate is illegal, arbitrary, discriminatory, unjust and in violation of Articles 14, 16 and 21 of the Constitution of India."
3. PERUSED THE RECORD
4. Learned counsel for the petitioner brought to the notice of this Court, through I.A.No.1 of 2022, in present W.P.No.10171 of 2018 that the petitioner filed representation dated 04.11.2022 addressed to the 2nd and 3rd respondent and also to the Chief Executive Officer, Mahabubnagar District, for appointment as S.G.T. The main grievance of the petitioner is that though the petitioner secured more marks than the unofficial respondent, the respondents have not 2 considered petitioner's appointment for the post of S.G. Teacher in DSC 1989, selection wherein the petitioner secured 41 marks in written exam and 8.20 marks in interview totally. Though the petitioner secured 49.20 marks the petitioner's case was not considered for the post of S.G.Teacher in DSC 1989 selection and when the petitioner applied under RTI Act in the year 2008, it was informed that the petitioner secured 38.20 marks. When the petitioner applied under RTI Act in the year 2020, it was informed that the petitioner secured 49.20 marks. The persons who secured less marks were given an appointment for the post of SGT, but the petitioner was not considered in fact, the sixth respondent, who secured 37.4 marks was given an appointment with a malafide intention. Under these circumstances, the petitioner filed representation dated 04.11.2022.
5. The petitioner also enclosed proceedings Rc.No.A5/2191/RTI/2020, dated 26.09.2020, which is the reply to the petitioner for petitioner's application filed under the Right to Information Act (RTI) and the contents of the said proceedings dated 26.09.2020 are as follows:
"Sri S.Bapuji Goud s/o Pakeeraiah Goud, Veepanagandla village, Wanaparthy District has requested under the RTI 2005 that 3 DSC 1989 with Hall Ticket No.1496 to produce the marks list and roaster point in BC-D. Like wise under this group cut off marks with Hall ticket No.1495 dated 06.12.1990 the day on which appointment was given, and where he is working at present, and his address, has requested to submit the DSC 1989 merit list as well as copies of selection list.
As per his request as per the records available in the office the person with Hall ticket No.1496 Sri S.Bapuji Goud has secured 41 marks in written exam and 8.20 exam in oral interview, and the person with H.T.No.1495 Smt.P.Vakula Malika has not attended the exam which is available in our office record and there is only merit list was available with a total number of 229 pages and you can take Xerox by paying Rs.2/- per copy and total Rs.458/- by paying the same and obtain the merit list."
6. Taking into consideration the above mentioned facts and circumstances, the writ petition is disposed of directing the 2nd and 3rd respondents to consider representation dated 04.11.2022 of the petitioner, in accordance to law and pass appropriate orders, within a period of six (06) weeks from the date of receipt of a copy of this order, duly communicating the said decision to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ MRS JUSTICE SUREPALLI NANDA 16.11.2022 VSU/KGK