Telangana High Court
WP/24744/2019 of Abdul Rahman Vs The State of Telangana on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 24744 OF 2019 Eetween: AND 1 2 Abdul Rahman, S/o. Abdul Hai, Aged about 35 years, R/o. H.No.1-3-97, Narayankhed Village, Sangareddy District 3 4 5 6 The
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
THURSDAY,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 24744 OF 2019
Eetween:
Abdul Rahman, S/o. Abdul Hai, Aged about 35 years,Occ- Unemployee,R/o. H.No.1-3-97, Narayankhed Village, Sangareddy District...PETITIONER
AND
1The State of Telangana, Rep by its Principal Secretary, School EducationDepartment, Secretarrat Buildings, Hyderabad.2Telangana State Public Service Commission, rep by its Secretary NampallyHyderabad.3The Director of School Education, Telanqana State, Hvderabad.4The District Collector, Sangareddy Distri6t.Department, Secretarrat Buildings, Hyderabad.2Telangana State Public Service Commission, rep by its Secretary NampallyHyderabad.3The Director of School Education, Telanqana State, Hvderabad.4The District Collector, Sangareddy Distri6t.
5The District Education Officer and Secretary, TRT-2017, Sangareddy District(Erstwhile N/edak).
6TheTahsildar, NarayankhedMandal,SangareddyDistrict.
...RESpONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a writ, order or direction more particularly one in the nature of Writ ofMANDAIVUS to declare the action of the respondents in not considering the claim ofthe petitioner for appointment to the post of Secondary Grade Teacher (Urdu)Medium under BC-B category pursuant to the Notification No.53/2017 dated21 .1O.2017 by duly taking into consideration of Community and Date of Birlhcertificate dated 08.1 1.2017 issued by the 6th respondent is illegal arbitrary andu nco nstitutiona I with a consequential direction to the respondents to consider theclaim of the petitioner for appointment to the post of Secondary Grade Teacher(Urdu) Medium under BC-B category pursuant to the Notification No.53/2017dated 21.10.2017 by duly taking into consrderation of Community and Date of Birthcertificate dated 08.11.2017 issued by the 6th respondent with all consequentialbenefits, lA NO: 1 OF 2019
Petition under Section ['1 ]51 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directlhe respondents to consider the claim of the petitioner for appointment to the post ofSecondary Grade Teacher (Urdu) Medium under BC-B category pursuant to theNotification No.53i2017 dated 21 .10.2017 by duly taking into consideration ofCommunity and Date of Birth Certificate dated 08..1 [.l ].2017 issued by the 6threspondent.
Counsel for the Petitioner : SRl. AVADESH NARAYAN SANGHICounsel for the Respondent Nos.1 & 3 & 5: GP FOR SCHOOL EDUCATIONCounsel for the Respondent Nos.1 & 3 & 5: GP FOR SCHOOL EDUCATIONCounsel for the Respondent No.2:SRl D. BALA KTSHAN RAO, SC FOR TSPSCCounsel for the Respondent Nos.4 & 6: Gp FOR REVENUE
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
lT PETITION No.24744 ot 2I
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ORDER:
This writ pelition is filed seeking the following relief:
"..... to issue a writ, order or direction more particutartyone in the nature of Writ of l'1AN DAMUS to dectare the action ofthe respondents in not cons'idering the ctaim of the petitioner forappointment to the post of Secondary Grade Teacher (UrduMedium) under BC-B category, pursuant to the Notification No.5312017 dated 21.10.20'17 by duty taking into consideration ofCommunity and Date of Birth Certificate dated 08.'11.2017 issuedby the 6th respondent is ittegat, arbitrary and unconstitutionat witha consequentiat direction to the respondents to consider the claimof the petitioner for appointment to the post of Secondary GradeTeacher (Urdu Medium) under BC-B category pursuant to theNotification No.53/2017 dated 21.10.2017 by duty taking intoconsideration of Communjty and Date of Birth Certificate dated08.11.2017 issued by the 6th respondent with atI consequentiaIbenefits ..... ".
Heord leorned counsel oppeoring for the pelitioner ond theleorned Government Pleoder oppeoring for the respondenls.
It hos been contended by the petilioner thot he is fully eligibleond quolified to be oppoinled to the posl of Secondory GrodeTeocher (Urdu medium) ond he is hoiling from Loddof community,which comes .under BC-B cotegory ond the competent oulhorityi.e., Tohsildor, Noroyonkhed Mondol, Songo Reddy District. hodissued Community Certificote on 08.1 1.2017 stoting thot he is omember belonging to BC-B cotegory.
Leorned counsel oppeoring for ihe [petitioner ]hod conlendedthol the 2na respondenl hod issued recruilment NotificolionNo.53/2017 doted 21.10.2017 inviling opplicolions for lhe [posls ]ofSecondory Grode Teochers (Urdu Medium) ond the [pelilioner ]hos responded to the soid Notificotion ond he hos fored decenfly well inthe written exominotion ond provisionolly selecled for the soid post.
The grievonce of the petitioner is lhot ihough he wosprovisionolly selecled lo ihe posl of Secondory Grode Teocher(Urdu Medium), his cose wos kepi in obeyonce vide proceedingsdoted 07.08.2019 stoling thol his condidoture for oppointmenl tothe post of Secondory Grode Teocher (Urdu Medium) is withheldlempororily iill outcome of the finol decision wilh regord to his costeond community certif icote, which he hos opplied for.(Urdu Medium), his cose wos kepi in obeyonce vide proceedingsdoted 07.08.2019 stoling thol his condidoture for oppointmenl tothe post of Secondory Grode Teocher (Urdu Medium) is withheldlempororily iill outcome of the finol decision wilh regord to his costeond community certif icote, which he hos opplied for.
Leorned counsel oppeoring for the peliiioner hod furihercontended thot lhough the seleclion of lhe petilioner woslempororily wilhheld, no further oclion hos been loken till dote.Furlher, the Coste Cerlificoie gronled by the competent ouihorilyi.e., Tohsildor, Noroyonkhed Mondol, Songo Reddy District, is noti.e., Tohsildor, Noroyonkhed Mondol, Songo Reddy District, is notconcelled in occordonce wilh ihe provisions of Telongono(Scheduled Cosles, Scheduled Tribes ond Bockword Closses)Closses)Regulolion of lssue of Community Certificotes Act, 1993 (for short'lhe Acl l6 of 1993').'lhe Acl l6 of 1993').
Section 2l of the Act t6 of [,l993 ]reods os follows :- "Transitional Provisions :" A community certificate issued by anyauthority competent to issue the same under the retevant rulesor orders before the commencement of this Act shalt, untess it iscance[led under the provisions of this Act, be vatid and shalt bedeemed to have been issued under the provisions of this Act.,,
As per Section 2l of ihe Act 16 of 1993, unless ond until theCommunity Ceriificote gronied in fovour of o person is notconcelled in occordonce wilh low, the benefit of reservotion infovour of such person connot be denied. Admiitedly, in ihe instoni---..--.-'.
cose, the Community Certificole [issued ][by ][ihe compelent ][outhorily]in fovour of ihe [petiiioner ][wos ]not [concelled ][by ][the ][competent]oulhorily i.e., District Collector [in ][occordonce ][wilh the ][provisions ][of]the Act l6 of 1993. Therefore, [oppropriole ][orders ][be ][possed in the]writ petilion directing the respondents to [consider ][the ][cose ][of ][the]petitioner for oppointment to the post of Secondory Grode Teocher(Urdu Medium) ond poss oppropriote orders in occordonce [with]low.
Leorned Governmenl Pleoder oppeoring [for ][lhe ][respondents]hod contended thot in the counter [it ][wos cleorly ][stoled ][lhot ][lhe]petitione/s tronsfer certificote from Government Junior College,Kohir Mondol is nol disclosing [thot ][he ][is ][o ][member belonging ][to ][B.C.]community ond thot is lhe reoson, lhe [cose of ][ihe ][pelitioner ][is ][not]being considered. Admittedly, the [pelitioner is ][not ][o ][member]belonging to BC-B community. Hence, [the ][question ][of ][considering]the cose of the [petitioner ]for oppointment [lo ][the ][post ][of ][Secondory]Grode Teocher [(Urdu ]medium), does [not orise. ][Hence, there ][ore ][no]merits in the wril [peiition ]ond the some [is ]lioble [to ]be dismissed.
This Courl, hoving considered the rivol [submissions ][mode ][by ][the]poriles, is of the considered view thol the Community Certificolegronted by the compelent outhority on 08.,l1.2017 is nol concelledin occordonce with the [provisions ]of the Act [16 ]of [1993 ][ond ][in view]of Section 2l of lhe Act l6 of 1993, lhe [peiitione/s cose ][hos ][to ][be]considered for oppoinlmenl to the [post ]of [Secondory ][Grode]Teocher (Urdu Medium). Theref ore, the respondenls ore [directed ][to]consider the cose of the [petitioner ]for oppolntment to [the ][post ][of]Secondory Grode Teocher (Urdu Medium) in occordonce wlth low only on the ground thol os long os lhe Community Certificotegronted by the competent outhority is not concelled, lhe petilioneris eniiiled to be treoted os o member belonging io BC community.
With the obove observotions, the writ [pelition ]is disposed of.
Accordingly, the writ [petition ]is disposed of . No costs.
Pending miscelloneous petitions, if ony, sholl stond closed.
SDi.N.CHANDRA SEKHARASSISTANT REGISTRARSECTION OFFICER
//TRUE COPY//
To,
1The Principal Secretary, School Education Department, State of Telangana,Secretariat Buildings, Hyderabad.Secretariat Buildings, Hyderabad.
2The Secretary, Telangana State Public Service Commission, NampallyHyderabad.Hyderabad.
JThe Director of School Education, Telangana State, Hyderabad.4The District Collector, Sangareddy District,5The District Education Officer and Secretary, TRT-2017, Sangareddy District(Erstwhile Medak).4The District Collector, Sangareddy District,5The District Education Officer and Secretary, TRT-2017, Sangareddy District(Erstwhile Medak).
The Tahsildar, Narayankhed tVandal, Sangareddy District.7One CC to Sri Avadesh Narayan Sanghi Advocate [OPUC]8Two CCs to GP for School Education, High Court for the State of Telangana.louTl8Two CCs to GP for School Education, High Court for the State of Telangana.louTl
9. One CC to Sri D. Bala Kishan Rao, SC for TSPSC IOPUCI
10. Two CCs to GP for Revenue, High Court for the State of Telanganaat Hyderabad. [OUT]at Hyderabad. [OUT]11.Two CD Copies
12. One Spare Copysm,sf
HIGH COURT
DATED:3011212021
ORDERWP.No.24744 of 2019
DISPOSING OF THE WPWITHOUT COSTS
(v(\-/
22 [JAI'{ ][202")]