Telangana High Court
Kondrapally Sreenu vs The State Of Telangana on 6 February, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.25742 OF 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue any appropriate writ, order or direction one particularly one in the nature writ of mandamus declaring the action of the Respondents, in treating the Special Reservations, viz., Women Reservation, Physically Handicapped Reservation, Ex-Serviceman Reservation, Meritorious Sports Person etc. also as the Vertical Reservation, instead of treating them as the Horizontal Reservation, pursuant to the (i) Notification No. 1 of 2023 for the notified Lecturer / Physical Director / Librarian in the Degree Colleges, (ii) Notification No. 2 of 2023 for the notified Junior Lecturer / Physical Director / Librarian in the Junior Colleges, (iii) Notification No. 3 of 2023 for the notified Post Graduate Teachers, (iv) Notification No. 4 of 2023 for the notified Librarians (Schools), and (v) Notification No. 9 of 2023 for the notified Trained Graduate Teachers Posts, all are dated 05-04-2023, under the guise of implementing the Special Reservations, viz., 33.33% of Women Reservation, and Physically Handicapped Reservation, Ex-Serviceman Reservation, Meritorious Sports Person etc., in terms of Rules 22 & 22-A of Telangana State and Subordinate Service Rules, 1996, as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the Dicta laid down by the Hon'ble Supreme Court in the case of Rajesh Kumar Dania Vs. Rajastan Public Service Commission and others, reported in : AIR 2007 SC 3127 and Public Service Commission, Uttaranchal Vs. Mamta Bisht and others reported in : 2010 (12) SCC 204, and in the case of K. Venkatesh and Another Vs. Government of AP and Others reported in 2009 (6) ALT 483 and consequently read down the (i) Notification No. 1 of 2023 for the notified Lecturer / Physical Director / Librarian in the Degree Colleges, (ii) Notification No. 2 of 2023 for the notified Junior Lecturer / Physical Director / Librarian in the Junior Colleges, (iii) Notification No. 3 of 2023 for the notified Post Graduate Teachers, (iv) Notification No. 4 of 2023 for the notified Librarians (Schools), and (v) Notification No. 9 of 2023 for the notified Trained Graduate Teachers Posts, all are dated 05-04-2023, in so far as Special Reservations, viz., 33.33% of Women Reservation, and Physically 2 PK,J wp_25742_2023 Handicapped Reservation, Ex-Serviceman Reservation, Meritorious Sports Person etc., are concerned, set-aside the 100 point roster prescribed in Rules 22 & 22-A of Telangana State and Subordinate Service Rules, 1996, in so far as Special Reservation points are concerned, and direct the respondents to follow the principles of Horizontal Reservation for the Special Reservations, without earmarking any roster points for them and by following the procedure indicated by the Hon'ble Supreme Court in the cases reported in :
AIR 2007 SC 3127 and 2010 (12) SCC 204, by counting the meritorious Special Reservation quota / category candidates are concerned also against the number of Special Reservations, viz., 33.33% of Women Reservation, and Physically Handicapped Reservation Ex-Serviceman Reservation, Meritorious Sports Person etc., are concerned, and accordingly consider the cases of the Petitioners, for appointment, based on their merit, against the Notified Posts in (i) Notification No. 1 of 2023 for the notified Lecturer / Physical Director / Librarian in the Degree Colleges, (ii) Notification No. 2 of 2023 for the notified Junior Lecturer / Physical Director / Librarian in the Junior Colleges, (iii) Notification No. 3 of 2023 for the notified Post Graduate Teachers, (iv) Notification No. 4 of 2023 for the notified Librarians (Schools), and (v) Notification No. 9 of 2023 for the notified Trained Graduate Teachers Posts, and pass ..."
2. When the matter came up for admission on 15.09.2023, this Court granted an interim order which reads as under:
"...In the meantime, there shall be interim direction to the respondents to follow the Judgment of the Hon'ble Supreme Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and others, reported in AIR 2007 SC 3127 for making appointments pursuant to the Notification Nos.1, 2, 3, 4 and 9, dated 05.04.2023 for the respective posts."
3. Today, when the matter is taken up for hearing, learned Additional Advocate General, on production of a copy of the Memo No.7708/SER.B/2023 dated 01.12.2023, submits that respondent 3 PK,J wp_25742_2023 No.1 has directed respondent No.2 to comply with the aforesaid interim order of this Court dated 15.09.2023.
4. In view of the above, the Writ Petition is disposed of and the interim order of this Court dated 15.09.2023 is hereby made absolute and the respondents are directed to go ahead with the selections.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.
______________________ PULLA KARTHIK, J Date: 06.02.2024 GSP