Shaik Feroz vs. The State Of Telangana

COURT NO.6

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2643-2651/2024

(Arising out of impugned judgment and order dated 04-01-2024 in WA No. 1089/2023 04-01-2024 in WA No. 1098/2023 04-01-2024 in WA No. 1099/2023 04-01-2024 in WA No. 1105/2023 04-01-2024 in WA No. 1106/2023 04-01-2024 in WA No. 1107/2023 04-01-2024 in WA No. 1116/2023 04-01-2024 in WA No. 1119/2023 04-01-2024 in WA No. 1137/2023 passed by the High Court for the State of Telangana at Hvderabad)

TELANGANA STATE LEVEL POLICE RECRUITMENT BOARD Petitioner(s)

VERSUS

KETHAVATH SANTHOSH KUMAR & ORS.

Respondent $(s)$

(FOR ADMISSION)

WITH

ITEM NO. 71 SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3999/2024 (ITO BE TAKEN UP ALONG WITH ITEM NO. 11 I.E. SLP(C) No. 2643-2651/2024]...........FOR ADMISSION and I.R. and IA No. 26369/2024-<pre>PERMISSION TO FILE PETITION (SLP/TP/WP/..))</pre>

Date: 02-02-2024 These petitions were called on for hearing today.

• HON'BLE MR. JUSTICE HRISHIKESH ROY CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
• For Petitioner(s) Mr. K. Radhakrishnan, Sr. Adv. Mr. K. Rama Rao, Adv. Ms. Aswathi M.K., AOR
  • Ms. Madhavi Divan, Sr. Adv. Mr. P. Venkat Reddy, Adv. Mr. Prashant Tyagi, Adv. Mr. P. Srinivas Reddy, Adv. Ms. Aishani Narain, Adv. M/S. Venkat Palwai Law Associates, AOR

For Respondent(s)	Mr. Mithun Shashank, Adv.
Signature Not Verified<br>Digitally signed by<br>NITIN TALREDA	Mr. Vikas Mehta, AOR
Date: 2024-02.03<br>12:48:17 $\overline{IS}$<br>Reason:	UPON hearing the counsel the Court made

UPON hearing the counsel the Court made the following

0 R D F R

Permission to file Special Leave Petition is granted.

2. Heard Mr. K. Radhakrishnan (in SLP (Civil) Nos. 2643-2651 of 2024) and Ms. Madhavi Divan (in SLP (Civil) Diary No. 3999 of 2024), the learned senior counsel appearing for the petitioner(s). Also heard Mr. Mithun Shashank, who has instruction to represent six of the respondents in SLP (Civil) Nos. 2643-2651 of 2024.

3. Mr. K. Radhakrishnan, the senior counsel for the petitioner would submit that the matters pertain to recruitment of Police Constable in the State of Telangana for which the process commenced with the notification dated 25.04.2022. Preliminary test, physical test and written test were then conducted when the process of recruitment came to be challenged in the High Court. The candidates argued that some of the questions were wrongly translated to Telugu or wrong and those cannot be the basis of selection.

4. The learned Single Judge on 09.10.2023 ordered for exclusion of marks in respect of four questions and directed re-evaluation of the answer script to that effect.

5. The aggrieved Telangana State Level Police Recruitment Board and some of the candidates then filed Writ Appeal before the Division Bench.

6. Adverting to the impugned judgment dated 04.01.2024, Mr. K. Radhakrishnan, learned senior counsel would refer to paragraph 23 therein to say that the learned Division Bench had appreciated the law correctly by observing that Court should be slow to interfere with the recruitment process. Then, despite noting that the

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questions were evaluated earlier by body of experts, a fresh expert body was asked to give a second opinion on the questions. This is contended to be unmerited firstly because the expert body had already examined the concerned questions and secondly the Court had intervened with the recruitment process which the Court itself acknowledged should not be done normally.

7. Ms. Madhavi Divan, learned senior counsel in her turn submits that she represents some of the selected candidates and they are hoping for early appointment on the basis of the rigorous selection process conducted by the Board.

8. Issue notice, returnable in four weeks.

9. In the meantime, operation of the impugned judgment shall remain stayed. The appointments of the selected candidates, if made, will be subject to the outcome of the present matter(s).

(NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR