Andhra Pradesh High Court - Amravati
Naga Raju Gundra vs The State Of Andhra Pradesh on 23 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION) :
SATURDAY, THE TWENTY THIRD DAY OF NOVEMBE
TWO THOUSAND AND TWENTY FOUR
?-PRESENT: :
THE HONOURABLE SRI JUSTICE SUBBA REDDY SANT *
WRIT PETITION NO: 27786 OF 2024
Ratween:
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Bhupall Rao Ghintapalll,, S/o. Balayodi, aged about 39 years, BC-B, 58
Working as His-1445, Q/0 Superintendant of Police, Ralahmundry, E.G.
Ist. CHT No. 85657 7oo0g7} .
&, Ramanna Gora Veeka,, S/o. Chinnabbal, agedabould? years, ST S2,
Working as H.G-1170, 0/0 Superinienient of Police Rajahmundry, E.G.
Dist (HT No. $5624 40059)
. Ghinna Raju Lingetl,, Sfo Gopala Rao Lingell Aged about 36 Years,
ABO ST- S4 Working as HG.1174, ofo Superintendent of Police
Rajahmundry, 6.0. Dist (HT. Na.-59677 60004
Ghinna Reddy Sadala,, S/o Tharnma Rao Sadala Age about 40 years,
ST-82, Working as HG.-1163, oafo Superintendent of Police,
Rajahmundry, £.G. Dist. (HT No 55833 7100048)
. Sarspu Satya Veni, Dfo S.Venkanna Dora, Age about 35 years.
Working as WHG. 1208, Jaggampet PS, Kakinada Dist, (HT.No. 5561s
00200}
7, Sufatha Naguiapalll, O'o. Mahalaxmi Naidu, Aged about 43 years, BC-
1, 55 Working as WH.G-587, Sub-Jall, Anakapalli, O/O Superintendent
of Police, Anskanalll. (HT No. 55800 30440)
_ ; ae 29 vaars, BC-D,
Bhogi Suresh,, S/o Bhog! Seelam Naidu, Age about 33 years, BO-L,
_ ape os . Sas Bntlen Sriceicud at,
Working as NG _ of Superintendent of Police, Srikakulam Dist
ate. Age about 39 years, RO-D orking as
ger
9. Main Suresh,, Sfo Aopanna
HG -17, ofo Vizianagaram Dist (NT No SSa07 90497)
10. Ralluru Siva Malieswara Reddy, S/o K Ramakrishna Reddy.
Aged about 28 years, OC-A? Working as HG -980, Pulvendu 4 LG PS,
¥SR Kadana Dish {HT No. 5824 S074}.
Vi. Galial Bharatnathe Reddy, S'o G.Bala Aswariha Reddy, agec
about 33 years, OC-S8Working as HG-1046, Rayachot AQ
Annamayya DistriciiHT No b5828 20240)
Wz. fsabburu Chakravaihi, Sie G Usrrra, age about 27 YRars,
55,Woring a8 NOG-S07%, Ralamoet Fire Depariment, Arrieniayys
DisitichHT No 88840 SO178}
2. Yerranag! Praveen, Sfo Y. Venkata narayana, Aged about
years, BC-A.S0, Working as HG -O89. Kadapa Fire Station YSR Kadapa
CHs=L AT No S58s0 10578).
14, Satyanarayana Thadthoor,, Slo Veera Swamy, Aged about 3?
years, BC-B.88, Working as HG -390, AR HG, SP, Bunga ow,
4
my
t 25
.
Vigianagaram Dist, (HT No. S8580 So799),
, o~ . . . ~: ~ orp yee 39 {RS
18, Ganapathi Rao Raghumanda, S/o Satyam, Aged about S2 years
at
BC-D-82 Werking as HG -342, Palice contra Room, Vizianagaram DiS
(Reg. 4075974),
Shaik Star Hussain, Aged about 34
ONO
snd
oh4
Sheik Hussain Peera,, So s
= OPO. Kurnoal, Kurnool Dist.
ae
years BC-C-S6 Working as HG -180.
(HT No SS884 00086)
Petitioners
AND
. me eo oe Ore Secrefary, Hare
1. The State Of Andhra Pradesh, ren. by Hs er Secrelary, Name
Departnent, Secretariat Buildings, Velagapua
é. The State Level Police Recruitment Board, Rep by it's Chairrnan, State
of AP, Mangalagin, Gutntur District, |
3. The Drector General of Police, State of Andhra Pradesh, Af
Mangalagiri, Guntur District
. Respondents
Petiion under Article 226 of the Consiitulian of India praying that in the
circumstances stated in the affidavit fled therewith, the High Court may be
pleased fo issue an appropriate writ order or direction more particularly one in
the nature of Writ of Mandamus, declaring the action of the respondents in
disqualifying the Petilioners/Horne Guards for not securing the aqualtying
marks in the preliminary test on par with the direct recruit candidates by
applying social ar communal reservations like Le.80 marks for OC, 70 marks
for BC and GO marks for SC/ST and ex-service men and in applying horizontal
reservatinn to the special category of Home Guards pursuant to the
notification issued in Re No IGV/SLPRB/Rect2/20229 di28-11-2022 by the and
respondent is Hiegal, arbitrary, unjust and contrary to Rule 3¢ C }(D) of the
rules issued in &.O.Ms.No.315 Home (Police ©} Department dated 13-10-
1999 and as amended by G.O.Ms.No.9? dated 01-05-2008 and further direct
ihe respondents to prepare a separate meri list among the Nome Guards
against the Vacancies/percentage of quota meant for Home Guards by
frealing them as special category withouf reference fo the socialfcommunal
reservations and then consider their eases by allowing them for furthe
process of selection like Physical test and final fest for appointment as Police
canstable(CMiyvAPSP pursuant to the notificatian issued n
Ro No TG USLPRBRect a/2022 df 28-11-2022
IANO: 1 OF 2024
Petition under Section 151 CPC praying that in the circurnstances
stated in the affidavit Med in support of the petition, the High Court may be
oleased to direct the respondents fe allow the pelitianers fo appear for further
orceess of selection ie. to atlend the physical measurement fest and final
written test treating them as separate cafegary for the vacancies meant for
Home Guards pursuant fo ihe notification issued rn
RoNo iST/SLPRB/Recl 2e0ee dbsk-11-2082 by the 2nd respondent for
appointment as police constables against the quote meant for Home Guards
pending dispasal of WP No 2Y156 of 2024, on the fle of the High Court
The petifion caming on for hearing, upon perusing the Petition and the
affidavit fled in support thereof and ugon hearing the arguments of Sn G
Ssena Rurnar, Advocate for the Petitioners and of GP FOR HOME for
Respondent Nos.71 to 3, the Court mace the following.
ORDER:
"The petitioners, working as Name Guards, Ned the above writ petition to declare the action of the respondents in disqualifying the petitioners/Home Guards for not securing the qualfying marks in the oreliminary fest on par with the direct racrull candidates by applying social or carmmunal reservations etc ., as Hlegal and arbitrary.
Some of the persons ansroached this Court by filing WLP.No. 8060 of 2023. The Co-ordinate Bench of this Court passed an interim order on {4.03.2023 directing the respondents to alow the petitioners to appear for further process of selection Le. io attend the ohysical measurement test and final written test treating them as separate category for the vacancies meant for Home Guards pursuant to the nofification issued vide Re No. fO1/SLPRB/Recl 2/2022, dated 28.11.2022 against the quota meant for Home Guards.
To maintain parity, this Court desms H appropriate fo pass & similar order.
Given the facts and circumstances, there shall be an interim direction as prayed for, ee ASAIO eo Ta, pa ur Post this matter along with W.P.Nos.6080 of 2023 on 2.17 2024,"
" Sd!- G. HELA NaioU ASSISTANT REGISTRAR | TRUE COPYH rine For SECTION OFFICER | . The Pri. Secretary, Home Department, Secretariat Buidings, Velagapudi, Amaravathi { by Special Messenger} The Chairman, State Level Police Recruitment Board. State of AP, Mangalagir, Guintur Distinct, The Director Genera| of Police, State of Andhra Pradesh, Af Mangalagiri, Guntur Disirlot (No's 2 fo 3 by RPAD} | Gne CC io SRL G SEENA KUMAR Advocate fOPUC] Two CCs to GP For HOME, High Court OF Andhra Predesh, HOUT) One spare copy COYORESRTILILS IED s pecee. HIGH COURT SRS,J DATED 2S 1/2024 POST THIS MATTER ALONG WITH WLP.NOS.8060 OF 2023 ON $8.94, 2024 ORDER WP No 27758 of 2024 DIRECTION SANUS Rey aS SSR, SA sy ~N SS SNS IVS Reo & x = oe ak ge Sees wt SS RS Tis = =