Telangana HC dismisses appeal filed by TSPSC

Hyderabad: In a a set back to the Telangana Public Service Commission, the Division Bench comprising of Justice Abhinand Kumar Shavili and Justice Anil Kumar Jukanti on Wednesday has “dismissed” the writ appeal filed by the TSPSC seeking a direction to SET ASIDE the order dated 23-09-2023 passed by Justice P. Madhavi Devi, cancelling the Group.1 Preliminary Examination held on June 11.

The Division Bench while DISMISSING the Writ Appal said, the TSPSC ought to have been more careful and cautious in conducting the Group.1 Preliminary Examination as this was the second time it was holding this examination.

The Court found fault with the TSPSC in not issuing an addendum saying that they will be dispensing with the Biometric screening of the candidates, as done in the case of Group.2 examination and the examination ought to have been conducted in a fair and transparent manner.

Admittedly, dispensing with the Biometric screening of the candidates in the Group.1 preliminary examination has casted doubts on the candidates of impersonation in the exam.

The High Court questioned the TSPSC as to when it could take Biometric attendance of the 2,83,346 candidates, who appeared for the Group.1 Preliminary exam on 16-10-2022, which was cancelled due to question paper leak, why it could not put the same Biometric system in place, the second time viz., on 11-6-2023.

Admittedly, 503 posts are notified in the Group.1 exam, even if 10 to 15 persons impersonate, they will be the beneficiaries, then the whole object of conducting the examination will be defeated and the candidates, who strived hard will be put to irreparable loss as per the Supreme Court Judgment in State of Tamil Nadu Vs., G. Hemalatha, which held that the instructions are binding on the Commission as well as the candidates, therefore, the TSPSC could not have dispensed with the Biometric attendance in the exam held on June 11.

The High Court also found fault with the TSPSC on furnishing false information on number of candidates who appeared for the examination in its Two web notes. There was a increase of 258 candidates in the second web note dated 28-6-2023 issued by the TSPSC, when compared to its first web note, which caste doubts about the credibility of the TSPSC in holding the exam. The Court questioned TSPSC as to what lead to the swell of 258 candidates.

As per the nominal rolls furnished by the TSPSC, Two invigilators need to sign on the nominal roll, whereas contrary to its own instructions, only one Invigilator signed on the nominal roll and to this aspect, the TSPSC has not given any explanation.

The TSPSC has not prescribed any procedure to mark the attendance of the candidates and when allegations are levelled, there is a possibility of impersonation, the Court said in its order.

The Division Bench upheld the Order of the learned Single Judge Justice P.Madhavi Devi, who cancelled the Group.1 Preliminary Exam on 23-9-2023.

Writ Appeal dismissed.

The TSPSC has to approach the Supreme Court against the Division Bench Order.