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Telangana High Court

Kurimilla Koushik Call Letter ... vs The Singareni Colleries Company Ltd. on 12
January, 2024
 1

THE HON'BLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION No.28993 of 2021

This writ petition is filed seeking the following prayer:

"..to issue an appropriate writ, direction or order, more particularly

one in the nature of Writ of Mandamus declare the action of the Respondents

in treating the Petitioner as non local candidate in selection for the post of Fitter Trainee,
Category-I in pursuance to the Employment Notification No.1/2021, dated 22.01.2021 issued by
the respondent No.1 and applying the Telangana Public Employment (Organization of Local
Caders and Regulation of Direct Recruitment) Order, 2018 issued in G.O.Ms.No.124 GAD dated
30.08.2018 retrospectively is illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of
the Constitituion of India and consequently declare that the petitioner is Local candidate of
erstwhile Khammam District (Presently Bhadradri Kothagudem District) and eligible for
selection to the post of Fitter Trainee, Category-I in pursuance to the Employment Notification
No.1/2021 with all consequential benefits and pass such other order or orders may deem fit
and proper in the circumstances of the case."

2. Heard Ms.Deepa R., learned counsel appearing for the petitioner and Sri P.Harsha Reddy,
learned Standing Counsel appearing for the respondents. Perused the record.

3. It has been contended by learned counsel appearing for the petitioner that in pursuance to
the notification issued by respondent No.1 vide Noficiation No.1/2021, dated 22.01.2021, the
petitioner has applied to the post of Fitter (Trainee) Category-I and appeared in written
examination held on 08.08.2021. As per merit and eligibility, the petitioner is in the selection
list published by respondent No.2 on 18.10.2021 and his name was shown at Sl.No.43 in the
selection list. Thereafter, respondent No.2 sent a call letter No.9501721, dated 27.10.2021 for
verification of certificates to issue 2 provisional appointment orders on 08.11.2021. At the time
of certificate verification, the respondents have treated the petitioner as non-local as he has
studied II to VI class at St.Ann's High School in Purushothapatnam of Bhadrachalam which is
not part of East Godavari District of Andhra Pradesh(erstwhile Khammam District, which is
not part of Telangana) as per the Telangana Public Employment (Organization of Local Cadres
& Regulation of Direct Recruitment) Order, 2018. He further contends that infact,
Purushothapatnam Village is extended Town of Bhadrachalam, but the same was merged in
Andhra Pradesh at the time of reorganization of the State. The family of the petitioner is
residing in Bhadrachalm Town and the revenue authorities also issued residence certificate,
community and Date of Birth Certificates to him. It is further contended that for better
education, the family of the petitioner sent him to St.Ann's High School which is within three
kilometers from their home and part and parcel of Bhadrachalam Mandal of Khammam
District before reorganization of the State.
4. It is further contended that The Telangana Public Employment (Organization of Local
Cadres & Regulation of Direct Recruitment) Order, 2018 issued in G.S.R.820(E) dated 29.08.2018
and the same was republished in G.O.Ms.No.124,General Administration Department, dated
30.08.2018 and the same was issued in supersession of the earlier notification under
G.S.R.524(E), dated 18.10.1975. As per the Presidential Order, 2018 3 I to VII class study has to
be taken into account for determination of local area of the candidate. He further contends
that before issuance of G.O.Ms.No.124 General Administration Department on 30.08.2018, the
petitioner comes under the category of Local candidate of Osmania University Area and native
of State of Telangana as per Andhra Pradesh Reorganization (Amendment) Act, 2014 (Act
19/2014). Therefore, the petitioner has to be treated as Local Candidate of erstwhile
Khammam District as the competent authority issued residence, community and date of birth
certificates and income on 17.08.2021 and 30.01.2021 respectively certifying that he is resident
of Bhadrachalam Mandal of Bhadradri of Kothagudem District. He further contends that the
respondents without taking into account the certificates issued by the competent authorities
are treating the petitioner as non-local candidate. Therefore, the action of respondents in
treating his candidature as non-local for appointment to the post of Fitter Trainee, Category-I
(External) in respondent-Company is illegal, arbitrary and violative of Articles 14, 16 and 21 of
the Constitution of India.

5. It is further contended that the The Telangana Public Employment (Organization of Local
Cadres & Regulation of Direct Recruitment) Order, 2018 issued in G.S.R.820 (E) dated
29.08.2018 and G.O.Ms.No.124 General Administration Department, dated 30.08.2018 in
supersession of Presidential 4 Order, 1975 and operation of the same is prospective in nature
and there is no specific date given at the time of issuance of the Presidential Order, 2018 and
the same cannot be operated retrospectively. In support of his contention, he relied on the
decision of Apex Court in Union of India v. Glaxo India Ltd 1 and orders of this Court in
WP.No.27905 of 2016, dated 19.08.2016.

6. Per contra, learned Standing Counsel appearing for the respondent- Company while
admitting the fact that the petitioner had applied for the post of Fitter Trainee (Cat-I (External)
in response to the employment notification issued by respondent-Company in 1/2021 dated
22.01.2021, which was issued along with six other categories of posts, submits that the
petitioner has appeared for the written test on 08.08.2021 and the petitioner is under selection
zone under BCA local category. As such, the petitioner was issued intimation letter vide
Lr.No.CRP/PER/R/02/95/2021/1072, dated 27.10.2021 advising to report for verification of
original certificates on 08.11.2021 for issue of provisional appointment orders which are
subject to fulfillment of all eligibility including medical fitness. It is further submitted that the
petitioner was advised to produce the original certificates of SSC in proof of date of birth,
National Trade Certificate and National Apprenticeship certificate in the trade of Fitter, latest
Caste certificate issued not earlier than 1 2011 (6) SCC 668 5 six months, study certificates from
Class I to Class VII at the time of reporting for certificate verification on 08.11.2021. The
petitioner has also attended the verification of original certificates on 08.11.2021 and he has
produced study certificates for I class issued by Head Master, Siddartha High School,
Bhadrachalam studied during the period 2005-2006, Study certificates of II to VI class issued
by Head Mistress, St.Ann's High School, Purushothapatnam, Bhadrachalam Mandal. He
further submits that after formation of Telangana State, the said Purushothapatnam village
was annexed to East Godavari District of Andhra Pradesh State. Since the petitioner studied
from II to VI class i.e. for five years period out of I to VII class reckoned for considering local
status, in Purushothapatnam, which is now in Seethanagaram Mandal, East Godavari District
of Andhra Pradesh, he will be considered as candidate belonging to other state i.e. Andhra
Pradesh.

7. It is further submitted that the village where the petitioner was born was originally a part of
Khammam District got attached to the State of Telangana but the village to which the
petitioner belongs has gone to East Godavari District, which is in the State of Andhra Pradesh.
Therefore, the petitioner should be granted benefit of local status in the State of Andhra
Pradesh.
6

8. It is further submitted that G.O.Ms.No.124, dated 30.08.2018 issued by Government of

Telangana, clause No.7 gives the definition of Local candidate. As per clause 7 since the
petitioner has studied II to VI class at St.Anns High School in Purushothapatnam which is part
of East Godavari District of Andhra Pradesh, he will not be treated as local candidate of
Telangana. Therefore, the candidature of the petitioner was not considered by the respondent-
Company.

9. It is further submitted that for determining the local status of the candidate, his I class to VII
class study certificates would be taken into account as per Presidential Order, 2018. Since the
petitioner has studied from II to VI class i.e. for five years period out of I to VII class years
reckoned for considering local status, in Purushothapatnam which is not in Seethanagaram
Mandal, East Godavari District of Andhra Pradesh. As such, the petitioner will be considered
as non-local candidate. Therefore, the respondents are justified in treating the petitioner as
non-local. Hence, he prays to dismiss the writ petition.

10. This Court has taken note of the submissions made by the respective Counsel.

11. Admittedly, the petitioner was appeared for examination to the post of Fitter Trainee, Cat-I
(External) and secured 64.04 marks and stood at Sl.No.43 in selection list. Therefore, he was
selected to the Fitter post and 7 called for certificate verification, which was held on
08.11.2021.The only objection taken by respondent-Company is as per Clause No.7 of
Presidential Order, he would be treated as non-local candidate.
Clause No.7 of Presidential Order, 2018 reads as under:

7. Local Candidate:
(1) A candidate for direct recruitment to any post shall be regarded as a local candidate
in relation to a local area,-

(a) in cases where a minimum educational qualification has been prescribed for
recruitment to the posts,-

(i) if he has studied in an educational institution or educational institutions in such local

area for a period of not less than four consecutive academic years ending with the
academic year in which he appeared or, as the case may be, first appeared for the
relevant qualifying examination; or

(ii) where during the whole or any part of the four consecutive academic years ending
with the academic year in which he appeared or as the case may be first appeared for
the relevant qualifying examination he has not studied in any educational institution, if
he has resided in that local area for a period of not less than four years immediately
preceding the date of commencement of the qualifying examination in which he
appeared, or as the case may be, first appeared.

(b) In cases where no minimum educational qualifications has been prescribed for
recruitment to the post, if he has resided in that local area for a period of not less than
four years immediately preceding the date on which the post is notified for recruitment.

Explanations:- For the purpose of this paragraph,-

(i) 'educational institution' means a University or any educational institution recognized

by the State Government, a University or other competent authority;

(ii) relevant qualifying examination in relation to a post means,-

(a) the examination, a pass in which is the minimum educational qualification

prescribed for the post;

(b) the Seventh Class examination or an examination declared by the State Government
to be equivalent to the Seventh Class examination; whichever is lower ;
 (iii) in reckoning the consecutive academic years during which a candidate has studied,
any period of interruption of his study by reason of his failure to pass any examination
shall be disregarded;

(iv) the question, whether any candidate for direct recruitment to any post has resided
in any local area shall be determined with reference to the places where the candidate
actually resided and not with reference to the residence of his parents or other
guardian.

(2) A candidate for direct recruitment to any post who is not regarded as a local
candidate under sub-paragraph (1) in relation to any local area shall,-

(a) in cases where a minimum educational qualification has been prescribed for
recruitment to the post,-

(i) If he has studied in educational institutions in the State for a period of not less than
seven consecutive academic years ending with the academic year in which he appeared
or as the case may be, first appeared for the relevant qualifying examination be
regarded as a local candidate in relation to,-

(A) Such local area where he has studied for the maximum period out of the said period
of seven years; or (B) Where the periods of his study in two or more local areas are
equal, such local areas where he has studied last in such equal periods;

(ii) If during the whole or any part of the seven consecutive academic years ending with
the academic year in which he appeared or as the case may be first appeared for the
relevant qualifying examination, he has not studied in the educational institutions in
any local area, but has resided in the State during the whole of the said period of seven
years, be regarded as a local candidate in relation to,-

A) Such local area where he has resided for the maximum period out of the said period
of seven years; or (B) Where the periods of his residence in two or more local areas are
equal, such local area where he has resided last in such equal periods;

(b) In cases where no minimum educational qualification has been prescribed for
recruitment to the post, if he has resided in the State for a period of not less than seven
 years immediately preceding the date on which the post is notified for recruitment, be
regarded as a local candidate in relation to,-

(i) such local area where he has resided for the maximum period out of the said period
of seven years; or

(ii) where the periods of his residence in two or more local areas are equal such local
area where he has resided last in such equal periods.

(c) In cases where Visually Handicapped and Hearing Handicapped persons studied in
the special schools meant for them, the native place of the parents of such Visually
Handicapped and Hearing Handicapped persons.

12. In the present case also, admittedly, the petitioner has studied IV class to X class in
erstwhile Khammam District before commencement of Presidential Order, 2018 i.e. I class in
Siddartha High School, 9 Bhadrachalam, II to VI class in St.Ann's High School in
Purushothapatnam of Bhadrachalam during the years 2006 to 2011 and VIII to X Class in
Grace Mission School, Bandarugudem, Bhadradri Kothagudem District during the years 2012
to 2015. As per Presidential Order, 2018, the study of I class to VII class has to be taken into
account for determination of local area of the candidate. It is not in dispute that the petitioner
is presently resident of Bhadrachalam, now which is part of Telangana. As stated above, the
petitioner has studied II to VI class at St.Ann's High School in Purushothapatnam of
Bhadrachalam and admittedly, till 2014 Purushothapatnam village is extended town of
Bhadrachalam erstwhile Khammam District of Telangana. Therefore, during the period of
petitioner's study of II to VI class, it was part of Telangana and he cannot be treated as non-
local of State of Telangana. The fact remains that the Bhadrachalam village, where the
petitioner was born, was originally a part of Khammam District, which is attached to the State
of Telangana.

13. In Glaxo India Ltd's case, the Apex Court held that "In case of Supersession of a
notification, the objections and liabilities accrued and incurred under the earlier notification
remain unaffected, since the supersession will be effected from the date of second notification
and not retrospectively, so as to abrogate the earlier notification from the date of its
commencement." 10
14. In the present case also, from the averments of the writ affidavit and the study and
conduct certificates filed by the petitioner discloses that he has studied four years from IV to X
class in erstwhile Khammam District as stated above before the commencement of
Presidential Order, 2018. Therefore, he has to be treated as local candidate of erstwhile
Khammam District.
15. In view of the same, the writ petition is allowed by declaring that the petitioner is local
candidate of erstwhile Khammam District (Presently Bhadradri Kothagudem District) and
eligible for selection to the post of Fitter Trainee, Category-I in pursuance to the employment
notification No.1/2021, dated 22.01.2021, issued by respondent No.1 with all consequential
benefits.

Miscellaneous petitions, pending, if any, in this writ petition shall stand closed. No costs.

___________________ PULLA KARTHIK, J 12.01.2024 Nvl