Telangana High Court Orders Interim Suspension of Relief for Disabled Candidates in Teacher Recruitment
In a significant legal development, the Telangana High Court has issued an interim suspension of a single judge's ruling that had provided relief to candidates under the persons with disabilities category in the recruitment process for secondary grade teacher (SGT) posts. This decision was made by a division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin on March 12, 2024, during the hearing of an appeal filed by the Telangana Public Service Commission (TGPSC).
Court Proceedings and Orders
The bench, in its order, stated, "In order to maintain parity, there shall be interim suspension of the impugned orders." This move was noted as consistent with similar interim suspensions granted earlier this year in related cases. Additionally, the court issued notices to key departments, including the department for women, children, disabled and senior citizens, the school education department, and the concerned candidates, seeking their responses in the matter.
To ensure proper jurisdiction handling, the court directed the registrar (judicial) to place the cases on the administrative side for assignment to the appropriate bench, as they fall within the purview of two division benches.
Background of the Case
The original ruling by the single judge was delivered in June 2024, while disposing of a batch of petitions that challenged the revised detailed list of vacancies reserved for persons with disabilities. This list pertained to the recruitment process for 5,415 SGT posts in the school education department.
One of the petitioners, an orthopaedically disabled candidate from the erstwhile Adilabad district, argued that several vacancies earmarked for visually impaired and hearing impaired candidates in the 2012 recruitment drive had remained unfilled. These vacancies were subsequently carried forward to the 2017 recruitment process.
Legal Arguments and Violations
The petitioner contended that the authorities issued revised vacancy details and a provisional selection list in November 2019 and February 2020, respectively, by applying interchangeability between disability categories. This action was alleged to be contrary to the procedure prescribed under government orders and the relevant service rules.
Specifically, the petitioner argued that these revisions violated section 34(2) of the Rights of Persons with Disabilities Act, 2016, as well as government orders governing reservation and interchangeability among disability categories in recruitment.
Single Judge's Ruling
After examining the records, the single judge held that the procedure adopted by the authorities for applying interchangeability between disability categories was not in accordance with statutory provisions and government orders. Consequently, the judge directed the authorities to revise the detailed vacancy position in compliance with the Disabilities Act and relevant government orders. Furthermore, the judge ordered that the petitioners be considered for appointment if they were otherwise eligible on merit and under the appropriate disability category.
This interim suspension by the division bench now puts a hold on these directives, pending further hearings and responses from the involved parties.
