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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAO

(Special Original Jurisdiction)

THURSDAY, THE TWENTY FIRST DAY OF MAY

TWO THOUSAND AND TWENW SIX

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

WRIT PETITION Nos.27814 AND 27205 OF 2019

WP.NO: 27814OF 2019

Between:

J. Rajitha, D/o J.Balaiah, aged about 28 years, Un-employee, R/o Plot No.38,

Balajinagar, B.N.Reddy Nagar Colony, Vanasthalipuram, Hyderabad.

...PETITIONER

AND

1 . The State of Telangana, rep. by its Principal Secretary, MA and UD

Department, Secretariat Buildings, Hyderabad.

2. The Commissioner and Director of Municipal Administration, AC Guards,

Hyderabad.

3. The Telangana State Public Service Commission, Nampally, Hyderabad,

rep.by its Secretary.

4. The Para Medical Board, Govemment of Telangana, Hyderabad.

5. The Bethesda lnstitute of Health Sciences, Visakhapatnam, rep. by its

Secretary and Controller of Examination.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be pleased

to issue Writ Order or Direction more particularly one in the nature of Writ of

Mandamus by calling for the records relating to the Selection Notification

No.19/20'18, dt.27.7.2018 declaring the results on 11.12.2O19 by omitting the hall

ticket number of the petitioner is illegal, arbitrary and voilative of the principles of

natural justice and further direct the respondents to declare the petitioner as selected

for the post of Sanitary lnspector/ Health Assistant in terms of the results declared by

the 3rd respondent dt.30.5.2019 and appoint the petitioner as sanitary rnspector/

Health Assistant in any municipality.

l.A. NO: 1 OF 2019

Petition under Section 1 51 cpc praying that in the circumstances stated in the

affidavit filed in support of the petition, the High court may be preased to direct the

respondents to keep one post of sanitary lnspector / Health Assistant vacant

pending disposal of the writ petition.

Counsel for the Petitioner: SRI

p.RAGHAVENDRA

REDDY

counsel for the Respondent Nos.1 & 2: Gp FoR McpL ADMN & URBAN DEV

counsel for the Respondent No.3: sRr P.S.RAJASEKHAR, sc FoR TGpsC

Counsel for the Respondent Nos.4 & 5: _

WP NO:27205 0F 2019

Between:

Vorsu Ravinder, S/o. V

'1-9-315,

Road No. 2, D

enkaiah, Aged about 39 years, Unemployee, R/o

ilsukhnagar, Hyderabad.

H.No

...PETITIONER

AND

'l rhe Telangana state pubric

service commission, Rep., by its secretary,

Nampally, Hyderabad.

2. The State of Telangana, Rep., by its principal

Secretary, MA and UD

Department, Secretariat, Hyderabad.

3. The commissioner and. Director of Municipar Administration, Masabtank,

Telangana State, Hyderabad.

...RESPONDENTS

Petition under Articre 226 of the constitution of rndia praying that in the

circumstances stated in the affidavit fired therewith, the High court may be preased

to issue an appropriate writ, order or direction more particurarry one in the nature of

writ of Mandamus to decrare the action of the Respondents in not considering the

case of the Petitioner for serection and appointment to the post of sanitary rnspectol

pursuant to Recruitment Notification No. 19/20rg, dt.27tort2o1g, as iilegar, arbitrary,

unjust and viorative of Articres 14, 16 and 21 0f constitution of rndia and

consequenfly, direct the Respondents to appoint the petitioner

to the post of sanitary

i

lnspector, as per his merit in the selection process considering the qualification of

the Petitioner obtained from Bethesda lnstitute of Health Sciences, Visakhapatnam.

l.A. NO: 1 OF 2019

Petition under Section 15 1 CPC praying that in the circumstances stated in the

affidavit filed in support of the petition, the High Court may be pleased to direct the

Respondents to consider the case of the Petitioner for selection and appointment to

the post of Sanitary lnspector, as per his merit in the selection process, along with

others, pursuant to Recruitment Notification No.

'19/2018,

dt 271O712018.

l.A. NO: 1OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the

affidavit filed in support of the petition, the High Court may be pleased to direct the

1st Respondent to fumish the Expert Committee Report dt: 09.08.2019, (Ref: Memo

No. 556/Rectt-poo!111312015, dt: 04.01.2020) which was the basis for not

considering the case of the Petitioner for appointment to the post of Sanitary

lnspector, in spite of his merit in the selection process.

Counsel for the Petitioner: SRI POODATTU AMARENDER

Counsel for the Respondent No.1: SRI P.S.RAJASEKHAR, SC FOR TGPSC

Counsel for the Respondent Nos.2 & 3: GP FOR MCPL ADMN & URBAN DEV

The Court made the following: COMMON ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

.tHE

IIONOTJILABLI| SMT. JUSTICE T. MADHAVI DEVI

WRI'I PETITION NO.27814oF i0l9

AND

WRIT PETITION NO.27205oF 2019

DATED ,Al .os.zoze

W.P.No.278l4 of 2019:

Bctrveen

J.Rajitha

.. Petitionc;'

AND

l'he State ofTelangana, rep. by its Principal

Secretary, MA and UD Deparr"nient,

Secretariat Buildings, Flyderabad and others

Respondents

COML{ON ORDER

In both the Writ Petitions, the challenge is to non-selection of the

candidaturc of the petitioners to the posts of Sanitary Inspector / I-lealth

Assistant in terms of rhe rcsults deciared by Telangana State public

Service Commission (TSPSC), r.espondent No.3 in V/.p.No.27gl4 of

W.P.Nos.278l4 & 21205 of 20t9

2019 and respondent No.1 in W.P.No.27205 of 2019, on 30.05.2019

pursuant to the selections made under Notification No. 19/201 8

dt.27.07.2018, as illegal and arbitrary and consequently to direct the

respondcnts to declare the petitioners as selected for the said posts and

appoint them as Sanitary Inspector / Health Assistant in any

municipality and to pass such other order or orders.

2. Brief facts are that the petitioner in W.P.No.27814 of 2019 claims

to have passed B.Sc. (BZC) in 2011 and also possesses Public Heatth

and Sanitation Technology Certificate from Bethesda Institute of Health

Sciences, Visakhapatnam during the year 2012, rvhile the petitioner in

W.P.No.27205 of 2019 is a BC-A candidate and is physically

challenged and claims to possess the prescribed qualifrcations for the

Sanitary Inspector post. He also possesses the certificate from Bethesda

Institute of Health Sciences, Visakhapatnam in Public Health and

Sanitation Technology. Both the petitioners have applied for and

participated in the selection process and the petitioner in W.P.No.27814

of 2019 secured State ttank No.7 for the post of Health Assistant and

first rank in women quota with 85.123 marks out of 150 marks and lor

the post of Sanitary Inspector, she secured l2th rank in the State and first

rank in the women quota. The petitioner in W.P.No.27205 of 2019

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W.P.Nos.27t l4 & 27205 of 2019

secured 1246 rank. The petitioners were called for certificates

verification and on thc ground that Bethesda Institute of Health

Sciences, Visakhapatnarn is not a recognized Institute and that they do

not possess the necessary qualification, their cases were not considered

for appointment. Challenging the same, the present Writ Petitions are

filed

3. Learned counsel for the petitioners has dralvn the attention of this

Court to thc Notification No.l912018 and also Notihcation No'20/2018

dt.27.07.2018 to demonstrate the prescribed qualifications. The

prescribed qualification for the post of Sanitary Inspector in Notification

No. l9120 I 8 dr.27 .07 .2018 is as under:

Post

Code

Name of the Post

Educational Qualifications as specified by the

G.O.Ms.No.84, MA&UD (Gl) DePt.'

Dt.t4l02l20l2.

0l Sanitary Inspect()r

(D Must possess a Bachelor's Degree in

Biotogical Science from any University in

India or incorporated by or under Central

Act, Provincial Act, or a State Act or an

Institution recognized by the UGC or an

equivalent qualification.

(iD Sanitary Inspector Training Course

certificate arvarded by the Chairman,

Board of Examinations constituted by the

Government of Telangana or from

Government of India / Govemment of

3

Tela.r Reco Institution

W.P.Nos.278l4 & 2'1205 of 2019

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The qualification prescribed for the post of Health Assistant in

Notification No.20l2018 is as under:

It is submitted that both the petitioners possessed the certificates from an

Institute recognized by the Government of relangana / Andhra pradesh

and therefore, their cases ought to have been considered for

appointment.

4. In the counter affrdavit filed by TSPSC, it is stated that rhe

petitioners have obtained training certificates in public

Health and

sanitation Technology from Bethesda Institute of Health Sciences,

Visakhapatnam which has not been recognized by Andhra pradesh para

Medical Board.

Post

Code Name of the Post

Educational Qualilications as specified by the

G.O.Ms.No.84, MA&UD (Ct) Dcpt.,

D.?14t0212012 and G.o.Ms.No.r6l, MA&rD

De Dated:01/06/2016.

0l Health Assistant

(i) An Intermediate wirh Biological Science or

l0+2 equivalent standard Biological Science

as one of the subjects.

(ii) A pass cerrificate in Multi purpose

Health

Assistant Training Course / Sanitary

Inspector Training Course certificate

awarded by the Chairman, Board of

Examinations constituted by the

Govemment of Telangana or from

Gcvemment of India / Govemment ol

Tel Reco Institution

It is submitted that the qualif ications have been

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W.P.Nos.278l4 & 27205 of2019

prescribed by the concemed Department to the post, which is the

con)petent authority to prescribe such qualification and the respondents

or this Court cannot interfere with the same. Learned Standing Counsel

for |SPSC also suhmitted rhar the Hon'ble Supreme Court in Civil

Appeal No.4597 of 2019 has held that the essential qualifications for

appointment to a post are for the employer to decide and the employer

may prescribe additional qualifications. It is submitted that TSpSC has

no role to change / include the qualifications and training course since

such matters are govemed by the Special Rules / Service Rules

prescribed by the Government. It is further submitted that in order to

verifli the certihcates submitted by the candidates, subject Expert

Cornrrrittee was constituted, who has examined the applications of the

candidates and submitted the report to the Public Service Commission

and the Commission has considered the petitioners' training certificates

obtained lrom Bethesda Institute of Health Sciences, Visakhapatnam

and the case of the petitioner in W.p.No.278l4 of 2019 was not

considered because she has studied pubtic

Health and Sanitation

Technology insread ol Sanitary Inspector Training Course i Multi

Pitpese Health Assistant Training course certificate prescribed by the

Department.

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W.P.Nos.278 t4 & 27205 ot2}tg

6

5' In rhe counrer alfidavir filed by Tspsc in w.p.No.27205 of 2019,

it is stated that the petitioncr in w.p.No.27205 of 2019 has obtained

training in the course of public

Health and Sanitary Technology as

against the prescribed Sanitary Inspector training course / Multi purpose

Health Assistant training course certificate.

6. Leamed Standing Counsel for TSpSC has filed a copy of memo

dated, .01.2020, wherein the petitioner in W.p.No.27gl4 of 2019 was

informed about rejection of her candidature as she did not pass

necessary and prescribed qualification for the post of Sanitary Inspector.

Similarly, a copy of memo dt.O4.Ol.ZO20 is also filed in the case of the

petitioner in W.P.No.27205 of 2019. A copy of the proceedings of the

Committee is also filed along with the memo.

7' In respect of the petitioner in w.p.No.z7205 of 2019 in the

counter affidavit, it is stated that the petitioner therein has obtained

training course of pubric

Health and Sanitation Technology as againsr

the prescribed sanitary Inspector training course / Murti

purpose

Health

Assistant training course certificate.

W.P.Nos.27Et4 & 21205 of 2019

8. The petitioner in W.P.No.27205 ol 2019 has hled reply affidavit

on 18,02.2026 stating that Bcthesda Institute of Health Sciences,

Visakhapatnam is a recognized Institute by Govemment of India vlde

G.O.Ms.No.84, Heatth, Medical and Famity Welfare (J2) Department,

dt.26.03.2002 and that the Govemment of Telangana also has adopted

the said qualification vide G.O.Ms.No. l6l, Municipal Administration

and llrban Development (D2) Department, dt.01.06.2016. The copies of

the said G.Os., are also filed along with the reply affidavit. As regards

the contention of the rcspondents that the petitioners did not possess the

necessary and prescribed qualification, it is submitted that vide

C.O.Ms.No.84 dt.26.03.2002, the rules were amended by adding

certihcate ol Public Health and Sanitary Technology awarded by

Bethesda Institute of Health Sciences, Visakhapatnam as one of the

qualifications to the post of Health Assistant in addition to the earlier

prescribed qualification. It is submitted that the Government had issued

G.O.Ms.No.23 dt.23.01.2008 derecognizing the qualification awarded

by Bethesda lnstitute of Heatth Sciences, Visakhapatnam and aggrieved

by the same, Bethesda Institute of Health Sciences, Visakhapatnam filed

W.P.No. 1790 of 2008 and interim order of suspension of the

proceedings *,as granled and thereafter, the Govemment also issued

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W.P.Nos.276l4 & 21205 of 2019

G.O.Rt.No.2l9 dt.z1.06.2008 omitting the certificates of Bethesda

Institute of Health Sciences, Visakhapatnam lrom the rules and

aggrieved by the same, another Writ Petition in W.P.No. 15722 of 2008

was filed and this Court has granted interim suspension of the said G.O

on 22.07.2008 and thereafter, the Governnrent also issued

G.O.Ms.No.30 dt.09.02.2012 and the consequentialmemo

dt.27.02.2013 permitting Bethesda Institute of Health Sciences,

Visakhapatnam to impart training, subject to the outcome of

W.P.No.1790 ol 2008. It is submiued that the said Writ perition

is

pending as on the date of filing of the reply affidavit. It is submitted that

based on the interim orders of the High Court, the Govemment of

Andhra Pradesh has issued instructions to the candidates to register their

names in Para Medical Board vide memo d1.27.02.2013 and several of

the candidates have been promoted as Sanitary Inspectors on the very

samequalification by the Government. As regards the Expert

Committee report, it is stated that the Expert Committee has not

examined the certificates of the petitioners and the comment of the

Committee is vague and non-speaking. Therefore, according to the

petitioners, their case was rejected mechanically without any basis and

as contrary to rules. Enclosed is a copy of the information received by

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W.P.Nos.278 t4 & 27205 of 2019

him under the Right to Information Act to submit that the persons with

the very same certificates have been considered and they have not only

been appointed but also promoted as Health Assistants based on the

educational qualification, seniority, caste, etc. Therefore, he seeks a

direction to the respondents to consider the case of the petitioner in

W.P.No.27205 of 2019 for appointmenr as Health Assistant or Sanitary

Inspector, as the case may be.

9. Havine regard to the rival contentions and the material on record,

this Court finds that the only issue to be considered in this case is

whether the petitioners possess necessary qualification and whether the

certificate granted by Bethesda Institute of I{eatth Sciences,

Visakhapatnam is a valid one. As noted above, necessary qualification

has been prescribed by the Department and it is the prerogative of the

employer to prescribe necessary qualification. The prescribed

qualification lor the ltost of Sanitary Inspector is Sanitary Inspector

training course certificate and for the post of Health Assistant, it is Multi

Purpose Health Assistant training course / Sanitary Inspector training

course in addition to ltossessing necessary graduation certificate. The

petitioner in w.P.No.278 14 of 20r9 as well as the petitioner in

W.P.No.27205 of 2019 possessed the certificates in pubtic

Health and

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W.P.Nos.278t4 & 27205 of 2019

10

Sanitation Technotogy from Bethesda Institute of Health Sciences'

Visakhapatnam. By virtue of the orders of this Court' the certificates

issued by the said lnstitr'rte are valid' The only issue is whether the

certificate in Pubtic Heatth and Sanitation Technology can be

considered to be equivalent to the certificate in Sanitary Inspector

TrainingMulti-Purpose Health Assistant Training? The Expert

Committee appears to have examined the certificates of the petitioners

herein and have held that the petitioners do not possess the prescribed

qualification. The reasons for corning to such a conclusion are missing

from the report. It is not known as to whether it is rejected because of

non-recognition of the Institute or it is for not possessing the necessary

qualification. As seen from the letter issued by the Govemment of

Telangana vide Leltet No.J/D/607/2025 dt'28'l}'2025' as per the

available records and information furnished, the National Classification

of Occupations (NCO-2015) lists, the course 'Pubtic Health &

Sanitation Technology' under Code 089'30 is the same as that of the

'Sanitary Inspector' course i'e', 089'30 and hence' both courses are

treated as the same as per the NCO codes issued by the Govemment of

India. It is further submitted that the TSPSC is not the competent

authority to decide on eligibility criteria for any post' qualification

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W.P.Nos.278l4 & 27205 of 2019

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and,/or eligibility criteria and the same are decided by the respective

deparlments as per the job chart and service rules of that department.

Therefore, it appears that the certificates possessed by the petitioners are

for the very same course of Sanitary Inspector and therefore, they ought

to ha'e been considered by TSpSC and at least Tspsc ought to have

sought a clarification thereon. As submitted by the reamed counsel for

the petitioners that initially Bethesda lnstitute of Health Sciences,

Visakhapatnam has been derecognized and the said de_recognition has

been suspended by the interim orders of this court in w.p.No. 1790 of

2008 and the interim orders are stiil subsisting and therefore, the

certificates issued by the said Institute have to be considered to be valid

and cannot be disregarded.

10. In view of the above, this Court is inclined to set aside the

impugned Memos No.556/Rectt-pool-il/3/2015 dt. 0r.2020 and

dt.04 0l'2020 issued by Telangana state public

service commission,

Hyderabad and the respondents are directed to reconsider the case of the

petitioners for appointment in the available

'acancies

with all

consequential benefits.

11.The Writ Petitions are accordingly allowed. No order as to costs

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W.P.Nos.278l4 & 27205 of 2019

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12. Pending miscellaneous petitions, if any, in these Writ Petitions

shall stand closed.

SD/. A.SREENIVAS DDY

ASSISTAN GISTRAR

/ITRUE COPY//

SECTION OFFICER

1 . The Principal Secretary, MA a

Hyderabad, State of Telangana.

2. The Commissioner and Directo

nd UD DePa t, Secrelariat Buildings,

Hyderabad.

. The Secretary, Telangana State Public Service Commission, Nampally'

Hyderabad.

. The Para Medical Board, Government of Telangana, Hyderabad'

. The Secretary and controller of Examination, Bethesda lnstitute of Health

Sciences, VisakhaPatnam.

. One CC to SRI P.RAGHAVENDRA REDDY, Advocate [OPUC]

.TwoCCstoGPFORMCPLADMN&URBANDEV,HighCourtfortheState

of Telangana, at HYderabad. [OUT]

. One CClo SRl. POODATTU AMARENDERAdvocate [OPUC]

. One CC to SRI P.S.RAJASEKHAR' SC FOR TGPSC [OPUC]

0.Two CD CoPies

r of Municipalmtnistration, AC Guards,

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4

5

t)

7

8

o

1

PSK.

TKS

me

HIGH COURT

DATED: 2110512026

VACATION COURT

,H*

COMMON ORDER

WP.Nos.27814 AND 27205 OF2

ALLOWING THE WRIT PETITIONS

WITHOUT COSTS

($/st.

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