Moora Ramavath vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR.

JUSTICE G.

RADHA RANI WRIT PETITION N O: 2355 10F 2022 Between: 1. lVoora Ramavath, S/o Dakva aqed about 27 years' Occ.

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J 13 51f,11"",\ii'iino;'N:'nsl'ti flJioi 1p39 3'g"J,"3r,3i,,Hi" ],--^*^,^.,". ruo ,^b?'lIEIii',v'ii$:,",ffi ,i,irrsi*ltf ti:ll"rt '-Frd,u""duJrx1"d,[,:,#,flrffi?}ox1iHi,,?:"*t jj?ll''3"unemprovee 15.Vem-ura,'.'';iirr",'n?j,?Jl.,$?'I.,:3:i'iffiis6no'a district "'PErrrtoNERs Peoav""-- AND 1.

3. ***,SY,tug,.t****,-",'-""','1'^,...::: il2ll 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 any writ, order or direction more particularly one in the nature of wRlT OF MANDAN4US declaring the action of the respondents in providing 9 working d working days time only, for submitting online application and payment of fee for appearing TS-TET 2022 oul of 17 days time and their action is not providing any edit option of the TS-TET-2022 onrine apprications as iilegal arbitrary, and violation of Articles 14, 16,21 of the Constitution of lndia and consequenfly, direct the respondents to extend the time period for 1o to 15 days for makrng the payment of examination fee and for submission for appearing T.-TET 2oo2 rothe petitioners. lA NO: 1 OF 2022 petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents 2 to 4 to extend the time period for or examination ree and ,"," ;;;;.:;"" ::"^::l:t ror 10 to 1s davs ror the payment 2022 tothe petitioners #::H:i.i::H:f ffi "#:::,".,ins rs.rer.

Counsel for the petitioner: DR.

KADtRt KRISHNAIAH Counsel for the Respondents: THE ADDITIONAL ADVOCATE GENERAL The Court made the following: ORDER THE HON,BLE DT.

JUS.TICE G.

RADHA RANI \\,RIT PETITION No.23551 of2022 ORDER: This writ petition is filed questioning the action of the respondents in not providing sufficient time for submitting the Online appiication and payment of fee for appearing for TS-TET 2022 Exam ation and not providing any 'edit option' in the online applications' as illegal' arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and to direct the respondents to extend the time period for 10 to 15 days for making payment of the examination fee' 2.

Heard the iearned counsei for the petitioners and the leamed counsel representing the Additional Advocate General of State of Telangana for respondents No'1 to 3' 3. rhe rearned counsel * *::'u:*::.:t#-:::: of Telangana' Depaflment of School Educadon '- . cadon '- .; ;; "td called for TET 2002 examination vide notification dated 24'$2022 and called fot Online applications iiom the candidates who completed Teacher Training Education i'e' TTC' B'Ed' etc' The applicants were permitted to pay online fee for the said examination from 26'03'20 22 ro ll'04'2022' The total working days availabre were 1g days, but out of these 18 days' 8 days were public holidays' which are as follows: 2 DT.GRRJ WPNo.2355l of2a22 26.03.2022 27.03,2022 0t.04.2022 02.04.2022 03.04.2022 05.04.2022 09.04.2022 10.04.2022 4n Saturday HolidaY Sunday Bank Holiday for annual Transaction of Accounts Ugadi Festival Sunday Babu Jagjivan Ram Jayanthi 2nd Saturday Holiday Sriramanavami.

During the above days, there was no opening of Online payment website system.

Out of the remaining 11 days, the server was down forthe last 3 days due to technical problems arising in the online website for the payment of examination fee.

The candidates made attempts to call the gnevance cell No.914023120340, which was given wide publicity.

The petitioners made several attempts to get the server probrem rectified so as to make the fee payment through online but, there was no response from the terephone Grievance Numbers which were given by the authorities.

Hence, the petitioners became helpless and w examination fee. _---rrvoJ ouu were unable to pay the 4.

Learned coul eagefly waitinga. u, **'t"' furtrer submified fi ,ortunity forrhe Jasr ,,^ jru' the petitioners were )ars as rley were in dire // it) DT.ORR,J tYP o.2355/ ol2022 need of employment.

The TET notification was issued by the Government affer six years after severar pressures from the opposition' Due to the inefficiency of the authorities in rectifying the technical problems' the petitioners lost the opportunity for payment ofthe fee for appearing for the examination of TET' The petitioners made a representation to the Hon'ble Minister for School Education' Telangana State to extend the time to receive the examina he examination fee and also to receive the application forms' They also rnade a representation to the Commissioner and Director of School Education on 16'04'2022' but the respondents failed to provide any extension of time' The action of the respondents in not considering the representation of the petitioners and not extending the time for receiving the applications as weli as fee from the petitioners was illegal' arbitrary and inviolation"fAni"";";theConstitutionofhdia'Heturthersubmitted that similar nt"o"*"*t"' -t*'" *tl::::*":: X'; services by T.S. public Service commisst- and when the same were Telangana State Police Recruitment uout"*., extended 6s tirne-Period brought to the nodce of the said authonties' 1;*".u,' option androence' for subrnission of the applications and u,'"';;s also by directing the ptayed to extend the sarne benefit to these 3 Dr.6RR,J tttP No.235J I ot )D) respondents 2 to 4 to extend the time period tbr l0 to l5 days for payment of the examination fee.

4 5.

Leamed counsel representing the Additional Advocate General of India submitted that the last date of online submission of apprications was expired by 12'04'2022 and the Hall Tickets were issued to the candidates and the examination is to be commenced on 12.06.2022and at this length of time' the representation of the petiti.ners c.urd n.t be considered and prayed to dismiss the petition.

6. perused tl TET 2022.-.r,rr,l^. *ord' . considering that the payment of fee for TS- 18 days period and Ion through online was pe also considerin* ,n",ou' of those 18 days' ' o'*""0 to be paid only during due to some ,".*rnr.r' sions of thepe",,o,u" were publ'c holidays and made by tt...rporo.' problem for the last ,n,"tt'nu'the server was down are cruciar for the carr to rectify the said o.o"t o"t and no attempt was work and ,rrai". nd ,rrai". *ortl idates for payment ' "0'"' and the last three days in rectifyingr,e defecrs be wasted o'" ,o ,n" ,ri fee and their entire hard- of Ge wi#ria fte turne thepetitionersrorr;t*t"ntyoftheauthondes pefirio,s.. were also ,"; ,:::, ,rd flh. .; opportunitv for pavment acred upon , _.;;_'r]r'o,' sir.n by the hdenfs and rnstead of 5 D.-GRR.J U/P No.2355t oJ 2022 extending the time period for pa).rnent of examination fee and stalling the examination to be held on 12.06.2022, it is considered fit to direct the respondents to accept the examination fee manually from the petitioners for appearing for TS-TET 2022 Examination and to issue Ha, Tickets to them to appear for the TS_TET 2022 Examination to be conducted on 12.06.2022.

7.

With the above direction, the writ petition is disposed of.

Misceilaneous petitions pending, if any, shall stand closed.

No costs.

I //rRUEcopy// ASSrsrAi?FlsJJ+rXfF The principar secretarv.

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7. o CHR BS A\4t DATED:08 t0612022 ORDER W.P.No.23551 of 2022 JlJr{ 2[22 * T4 14: s , a D pA a B 0 t) (J Af., , HIGH COURT DISPOSING OF THE WRIT PETITION WTHOUT COSTS