Telangana State Public Service Commission Cannot Relax Qualifications Prescribed For A Post: Telangana HC
The Telangana High Court observed that the Telangana State Public Service Commission (TSPSC) cannot relax the qualification prescribed for a post by the employer.
The Bench explained that Rule 20(b) of the TSPSC Rules only permitted the TSPSC the right to correct clerical, typographical, arithmetical or other mistakes in the merit list for the selection of Assistant Engineers notified by the Transport, Roads and Building Department (Department).
A Single Bench of Justice T. Madhavi Devi observed, “The relaxation of the condition of educational qualification or technical condition is not a clerical or arithmetical mistake which can be corrected by TSPSC. The TSPSC is only a recruitment agency and it is for the employer, who has to specify the qualifications for a post and the qualifications mentioned, cannot be relaxed by TSPSC under Rule 20(b) of TSPSC Rules. Therefore, the revised selection list issued by the TSPSC is set aside and the petitioner is directed to be appointed pursuant to his provisional selection list.”
Advocate CH Venkat Raman represented the petitioner, while SC M Ramgopal Rao appeared for the respondent.
The petitioners sought a writ of mandamus before the Court to declare the revision of selections through a result notification as illegal, arbitrary, and violative of Articles 14, 16, and 21 of the Constitution. The petitioner argued that the revision was contrary to the Roads and Buildings Engineering Subordinate Service Rules issued by the Department and demanded validation of their selection as per the earlier result.
The petitioners argued that they were eligible and qualified for the post of Assistant Engineer by the Department. The petitioner, belonging to the ST Community, participated in the recruitment process and was provisionally selected. However, TSPSC issued the impugned revised selection list through result notification.
It was submitted that once the selection process was completed and results were declared, the TSPSC had no power and jurisdiction to revise the selection list and that too without giving any notice to the petitioner and others who were provisionally selected before the cancellation of their selection.
“On a literal reading of G.O.Ms.No.58, it is seen that there is no provision to treat the candidates having qualification equivalent to DOAECC as eligible candidates. The equivalent qualification was only with regard to the Diploma certificate in computer applications awarded by the APSBTET and not the DOAECC Society under the Ministry of Information Technology, Government of India. Therefore, the respondent No.1 was not within its power under Rule 20(b) of TSPSC rules to revise the selection list,” the Court remarked.
Consequently, the Bench directed the TSPSC to appoint the petitioner to the Assistant Engineer position as per the provisional selection list.
Accordingly, the High Court allowed the petition.
Cause Title: Lakavath Roja v. The Telangana Public Service Commission
