Telangana HC puts experience above qualification

The appellant contended that a candidate B Prashanthi having multiple Masters degree had submitted only one that she passed in 2014

Hyderabad: A two-judge panel of the Telangana High Court comprising Justice A Rajashekar Reddy and Justice T Vinod Kumar on Thursday reserved orders on a writ appeal on candidates qualifying for the Telangana State Public Service Commission. The panel was dealing with an appeal filed by Vishnu. The appellant contended that a candidate B Prashanthi having multiple Masters degree had submitted only one that she passed in 2014.

He contended that the said candidate failed to produce any new documents while submitting her online application. The panel observed that teaching experience of a person had more weightage than mere qualification of a person and the former did not go waste since it had been verified by respective authorities. “Since there are separate vacancies for women, B Prashanthi’s application cannot be rejected on any general grounds and must be accepted under ‘female vacancies’,” the panel observed. The panel adjourned the matter to December 4.

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Dharani case adjourned

A two-judge panel of the High Court comprising Justice Raghvendra Singh Chauhan and Justice B Vijaysen Reddy refused to interdict the interim stay granted on the compulsory implementation of Dharani scheme. Senior Counsel D Prakash Reddy, appearing for the petitioner, relied on the ratio of the apex court to argue that the vagueness of the Dharani scheme should be a fair ground for declaring the same to be unconstitutional.

He continued his arguments late into the evening well after the scheduled closing hours of the court. The petitioner questioned recent amendments to the GHMC Act which presupposes the existence of the Dharani portal for any property related transactions. He further submitted that the scheme would violate the Right to Property under Article 300A of the Constitution as it has not been enacted as law unlike the Telangana Rights in Lands and Pattadar Passbooks Act, 2020 which pertains to agricultural property.

The petitioner contended that the non-registration of the property would deprive the subsequent owners of intestate property to transact upon the death of the primary owners. The Advocate General on the other hand submitted that the Dharani portal is a scheme enacted for digitalisation of records. The panel adjourned the case to December 8.

Petitioner told to implead MLA

The said panel directed the petitioner to implead VM Abraham, Member of Legislative Assembly (MLA) of Alampur constituency, in his personal capacity in a case concerning the appointment of the members of the Jogulamba Bala Brahmeshwara Swamy Devasthanam Temple in Alampur.

The petitioner Thammali Rajashekhar Sharma contended that the appointments were in violation of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 as the same were political appointments made solely on the recommendations of the MLA. The panel pointed out that even though the office of the MLA in question had been impleaded, the MLA had to be impleaded in his personal capacity along with the temple trust for considering the averments of bias in appointments.

Notice to State authorities

The same panel ordered notice to the State authorities for setting up a statute of Shivaji in Echoda village, Adilabad. Petitioner Anugu Satyanarayana Reddy alleged that the statute being installed was in encroachment of the road margin and the drainage on the main road of Echoda.

Dayakar Reddy, counsel for Zilla Parishad member of Echoda village, submitted that the committee in charge of the construction of the statute had not been impleaded. Justice B Vijaysen Reddy observed that there was no requirement under law for an unregistered entity to be impleaded as the same had no legal standing and hence non-joinder of the committee would not be considered a defect while deciding the admission of the petition. The panel will continue to hear the matter on December 17.

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