1. The short issue that engaged the attention of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the Tribunal) was whether the 15% quota earmarked for special categories, such as Police Executive (PE)-5%, Police Ministerial (PM)-1%, Meritorious Sports Person (MSP)-2%, Children of Police Personnel (CPP)-2%, Children of Police Personnel of A.P Police who died due to violence of extremists in duty and who were incapacitated/medical invalidation due to violence while on duty (CDI)-2% and National Cadet Corps (NCC)-3%, is a separate category by itself to be treated as a vertical reservation or a horizontal reservation among the social/communal reserved categories in the matter of promotion to the posts of Sub-Inspectors.

2. It is not in dispute that as per the Andhra Pradesh Police (Stipendiary Cadet Trainee) Rules, 1999 (for short the Rules), the following quotas were fixed:

50% for direct recruitees

30% for promotion of Head Constables and Assistant Sub-Inspectors of Police

5% for appointment by transfer from Reserve Sub-Inspectors of Armed Reserve and Andhra Pradesh Special Police (AR/APSP)

15% for special categories referred to above.

3. Indeed, in the first round of litigation, the petitioners have treated this quota as a separate category and the selections made by them were subject matter of O.A. No. 8572 of 2011 and batch, wherein it was contended that even while following the special quota, the individuals who come up for selection under reserved categories have to be adjusted against the quota reserved for their respective social/communal categories. The said plea was accepted by the Tribunal and the same was confirmed by this Court and also by the Apex Court. However, while issuing subsequent notification, the petitioners have not treated the 15% special category posts as a separate entity and instead, they sought to apply horizontal reservation among 85% of the posts reserved for different categories. Feeling aggrieved by the same, respondent No. 1 has approached the Tribunal, which has seen a split verdict with judicial member allowing the O.A. by holding that the quota of 15% reserved for special categories must be treated as a vertical quota and not a horizontal one, while the administrative member has taken a converse view, as a result of which, the matter went to a third member, who happens to be the Chairman of the Tribunal. The Chairman agreed with the view of the judicial member, and, in our view rightly.

4. Rule-3(C) of the Rules, as substituted by G.O.Ms No. 315, Home (Police-C) Department, dated 13.10.1999, reads as under:

The rule of Special representation (reservation) provided in Rule-22 of A.P. State and Subordinate Service Rules, 1996 shall be applicable except in the case of special categories referred to in rule-3(D) of these rules.

5. Rule-3(D) of the Rules reads as under:

Special categories: The various special categories and the eligibility criteria to be included in each of them are as below:

(i) P.E. (Police Executive) Police Constables, Head Constables and Assistant Sub-Inspectors of Police working I n A.P. Police Department, who are approved probationers and who have completed three years of service as on the date of notification.

(ii) PM (Police Ministerial) Persons working in A.P Police department in the ranks which correspond to the following categories as specified in Rule-2 of A.P Ministerial Service Rules, 1998, provided they are approved probationers and have completed three years of service as on the date of notification

(a) Category 0(2) and (3) of Class A

(b) Category (2) and (4) of Class B

(iii) MSP (The Meritorious Sports Person) Persons who satisfy the definition of Rule-2(19) of A.P. State and Subordinate Service Rules, 1996 and who possess the necessary certificate issued by the competent authority as on the date of notification. This special category is sub-divided as follows:

(a) Persons who won medals or who participated in games/sports at the international level.

(b) Pe