GOTHAM PRASADA RAO Vs. CHAIRMAN

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner seeking a direction to the respondent authorities to appoint him, as per the marks i.e., 57.6 marks published by the respondents, for the post of Energy Assistant (JLM Gr.III).

(2.) The claim of the petitioner before this Court is that he has applied for the post of Energy Assistant (JLM Gr.III) as per the Notification dated 02.08.2019. He was shortlisted and called for the physical test. At the time of verification, the certificates were verified. As the petitioner met the eligibility criteria he was allowed to participate in the physical test. He had completed the physical tests and ultimately he was awarded total marks of 57.6. The select list was published on 30.09.2019, and the petitioner realised that several other persons, who got similar marks, were selected and he was overlooked. At that stage he realised that at the time of uploading of the certificates the marks obtained by the petitioner in the 10th Class were typed as 36 marks instead of 38 marks and therefore, the petitioner's case was overlooked. The petitioner's case is he has actually secured 38 marks and not 36 marks. Therefore, he made a representation on 07.10.2019 to the respondent authorities to consider his case, since if his marks are taken as 38 he would be selected. As the representation of the petitioner's case was not considered, he filed the present Writ Petition seeking the relief in the nature of Writ of Mandamus directing the respondent authorities to appoint him for the post of Energy Assistant (JLM Gr.II).

(3.) A counter affidavit was filed on behalf of both the respondents. The submission made by the learned Standing Counsel for the APSPDCL is based upon the averments made in the counter. He states that the period of four days between 21.08.2019 and 25.08.2019 was given to correct any errors and defects in the data that is entered through online mode. Learned Standing Counsel submits that 7000 candidates corrected the defects / differences in the applications. The petitioner did not make any correction whatsoever and thereafter the prescribed tests were held. It is also mentioned that the respondents had informed all these candidates, including the petitioner, by way of SMS sent to their registered mobile numbers to correct the errors if any. It is stated that the petitioner did not make any corrections whatsoever. Thereafter, the physical tests were held and the final cut of marks were placed on the official website on 28.08.2019. Learned counsel also relies upon the terms and conditions of the recruitment notification, which clearly state that if there is any discrepancy between the actual certificates and the details mentioned in the form, the candidature will be rejected. Apart from this learned Standing Counsel also submitted that the process of appointment was completed in September, 2019; appointment orders were also issued to the eligible candidates on 01.10.2019 and the successful candidates were asked to join on 02.10.2019. He points out that as on date there are no vacancies available in SPSR Nellore District.