LAWS(TLNG)-2019-6-20

B ANAND KUMAR Vs. STATE OF TELANGANA

Decided On June 11, 2019
B Anand Kumar Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, declaring the action of 2nd respondent in publishing the impugned selection notification dated 12.02.2019 of the provisionally selected candidates to the post of Forest Beat Officer notified vide Notification No.48/2017, dated 15.08.2017 without enquiring into relinquishment from the selected candidates as per mandatory Rule 6-A of the Telangana State Public Service Commission Rules of Procedure, thereby affecting the petitioners' right to be considered, as arbitrary, illegal, without jurisdiction and violative of Articles 14, 16 and 21 of the Constitution of India and sought a consequential direction directing the 2nd respondent to follow Rule 6-A of TSPSC Rules of Procedure and select and appoint the petitioners as per their merit by removing all the candidates who have relinquished their candidature to the post of Forest Beat Officer notified vide Notification No.48/2017, dated 15.08.2017 with all consequential benefits.

(2.) Heard Sri S.Rahul Reddy, learned counsel for petitioners and the learned Advocate-General appearing on behalf of Standing Counsel for 2nd respondent.

(3.) It has been contended by the petitioners that they are fully eligible and qualified to be appointed to the post of Forest Beat Officer and the respondents have issued Notification No.48 of 2017, dated 15.08.2017 inviting applications to the post of Forest Beat Officer. The petitioners have responded to the said notification and after undergoing regular selection process, have fared decently well in the said selections. The petitioners further contend that in all 1857 vacancies were notified in the cadre of Forest Beat Officer. The petitioners further submit that the respondents have also issued notification to the posts of Forest Range Officer and Forest Section Officer, vide Notification Nos.46 of 2017 and 47 of 2017 respectively. In all, 30 vacancies of Forest Range Officer and 53 vacancies of Forest Section Officer were notified. The petitioners though have fared decently well, could not come up in the zone of consideration. They are next meritorious candidates. The grievance of the petitioners is that the 2nd respondent has to strictly follow Rule 6-A of TSPSC Rules of Procedure, which reads as under :