Hyderabad: The Telangana High Court sought clarity from the government on whether unfilled physically handicapped [PH] vacancies for secondary grade teachers (SGT) in the school education department from the 2017 recruitment can accommodate the petitioners without displacing the appointees. A panel comprising Chief Justice Aparesh Kumar Singh and Justice P. Sam Koshy was dealing with an appeal filed by the Public Service Commission and few STs. Earlier a writ plea was filed challenging the interchangeability of PH vacancies carried forward from the 2012 recruitment drive. The petitioners, including orthopedically handicapped candidates, alleged that the Telangana Public Service Commission (TGPSC) and the state government had improperly interchanged vacancies meant for visually impaired (VH) and hearing impaired (HH) candidates, contrary to legal provisions. A single judge observed that interchangeability rules were not followed, particularly in prioritising women candidates and specific disability categories and it ordered the authorities to rework the vacancy list in compliance with the law and reconsider eligible candidates based on merit. The panel posted the matter to August 13 for further hearing.
HC rules limited procedure for affixing notice for residential communities
Justice Vijaysen Reddy observed that posting a notice on the notice board of an association would suffice when disputes involving residential communities arose, even if individual rights were allegedly affected by road restoration and other governmental works. The judge was dealing with a writ plea filed by a homeowner of APR Pranav Antilia, a gated residential community in Bachupally, where the petitioner alleged that a portion of their compound wall was demolished by local authorities without prior notice, and that further demolition was being threatened. The judge noted that in such residential townships, authorities were not bound to issue individual notices to each property owner. “A notice pasted on the association’s notice board is sufficient,” the court remarked, noting the impracticality of serving individual notices in large housing projects, particularly when actions like road restoration or infrastructure correction are involved. The judge observed that the developers usually do not retain even a single unit for themselves, just to escape the burden of ensuring compliance with governmental requirements. The judge while directing the authorities to maintain status quo directed the respondents to clarify whether or not due process was followed in the demolition and proper notices were displayed to the residents’ association in line with administrative norms.
Super-speciality doctors lose case on service
Justice Nagesh Bheemapaka dismissed a writ plea filed by a group of super-specialty doctors challenging the validity of GO dated September 2017, which mandates one year of compulsory government service after completion of postgraduate super-specialty courses. The judge was dealing with a writ plea filed by Dr D. Anvesh Kumar Reddy and others who sought suspension of the GO, release of their original certificates, and exemption from the reporting guidelines issued by the authorities. The petitioners contended that they were forced to sign surety bonds at the time of admission under duress, agreeing to serve the state government “if required,” failing which they would have to pay Rs.50 lakh. It was argued that the clause lacked uniform application, as the requirement was not enforced in earlier years. Some of the petitioners claimed they had completed mandatory service in other states and were being compelled to repeat it in Telangana. Petitioners argued that the state government lacked the authority to impose such conditions, especially when the seat matrix lacked departments and infrastructure for them to work effectively. The petitioners further cited parliamentary discussions and expert committee recommendations that suggested doing away with compulsory bonds. They also referred to the Postgraduate Medical Education Regulations, 2023 which do not prescribe any such mandatory service requirement. It was also argued that withholding of original certificates for non-compliance was illegal and violated both service regulations and court directives. Justice Bheemapaka, after considering the submissions, found no grounds to interfere with the GO and dismissed the writ plea.
HC quashes criminal case for abuse of court process
Justice N. Tukaramji of the Telangana High Court quashed criminal proceedings against two individuals accused of murder. The judge dealt with a criminal petition filed by Dharavath Pimpli and Dharavath Veerababu, who faced trial before the Principal District and Sessions Judge, Khammam. The petitioners are accused of splashing pesticide into the eyes and mouth of the victim during a neighbourhood dispute. According to the prosecution, the incident occurred on February 6, 2024, and the victim succumbed on March 27, 2024. Initially registered under minor sections of the Indian Penal Code, the case was altered following the man’s death. The judge noted several glaring inconsistencies and delays, including that the deceased was hospitalised over a month after the incident, and the FIR was lodged 44 days later. Most critically, the Forensic Science Laboratory (FSL) report found no traces of poison in the deceased’s viscera, undermining the prosecution’s claim that pesticide poisoning caused the death. The judge observed that the case lacked proximate causality, motive, and forensic support to sustain a murder charge. The judge held that continuing the proceedings would amount to an abuse of process, falling squarely within the exceptional categories outlined by Supreme Court rulings.
Criteria for Group A posts in CDSCO questioned
A two-judge panel of the Telangana High Court took on file a writ plea challenging the eligibility criteria prescribed for Group A and B posts in the medical devices division of the Central Drugs Standard Control Organisation (CDSCO). The panel comprising Justice P. Sam Koshy and Justice S. Chalapathi Rao was hearing a writ plea filed by Dr D. Suman Reddy, associate professor of biomedical engineering at Osmania University, and the Biomedical Engineers Association, Telangana. The petitioners were challenging the gazette notification of November 2024, which lays down the recruitment rules for the posts of additional drugs controller and others in the medical devices stream of CDSCO. The petitioners contended that the qualifications prescribed were arbitrary and bore little relevance to the technical requirements of medical device regulation. Counsel for the petitioners contended that medical devices, unlike pharmaceuticals, require specialised expertise in biomedical engineering, medical electronics, instrumentation, biotechnology, and product development, and that ignoring such qualifications undermined the integrity of the regulatory process. It was contended that the notification excluded professionals with the most relevant educational backgrounds and work experience, thereby affecting both regulatory efficacy and public safety. The petitioners were seeking to quash the notification and a direction to the Union health ministry and CDSCO to frame revised recruitment rules specific to the medical devices sector, aligning qualifications and experience criteria accordingly.
