2017 Supreme(AP) 510

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
RAMESH RANGANATHAN, GUDISEVA SHYAM PRASAD, JJ.
G. Arun Kumar & Ors. - Petitioners
Vs.
The Union of India, Ministry of Home Affairs, New Delhi & Ors. - Respondents
W.P. No. 37296 of 2017
Decided On : 24-11-2017

Headnote:

TELANGANA DIRECT RECRUITMENT FOR THE POSTS OF TEACHERS RULES, 2017 - LOCAL AREA RESERVATION - VALIDITY - PRESIDENTIAL ORDER, 1975 - INTERPRETATION - REORGANISATION OF LOCAL CADRES - POWER OF STATE GOVERNMENT - EXTENT AND MANNER - TIME LIMIT - PROVISO TO PARA 3(1) - REORGANISATION OF DISTRICTS - TELANGANA DISTRICTS (FORMATION) ACT, 1974 - PURPOSE - ADMINISTRATIVE CONVENIENCE - NOT REORGANISATION OF LOCAL CADRES - LOCAL AREA RESERVATION - CONFINEMENT TO NEWLY FORMED DISTRICTS - VALIDITY - RULES 2(5) AND 6 OF THE 2017 RULES - READ DOWN - LOCAL AREA - 10 DISTRICTS OF THE STATE OF TELANGANA - AS REFERRED TO IN G.O.MS.NO.529 DATED 14.05.1976 AND IN SECTION 3 OF THE 2014 ACT - NOT THE 31 DISTRICTS CREATED BY THE GOVERNMENT OF TELANGANA.

Fact of the Case:

The petitioners, four in number, have invoked the jurisdiction of this Court, under Article 226 of the Constitution of India, seeking a writ of mandamus to declare the Telangana Direct Recruitment for the posts of Teachers Rules, 2017 (hereinafter referred to as the 2017 Rules), in so far as it prescribes the revenue districts, reorganised with effect from 11.10.2016, as the local area and unit of appointment for the purpose of study/residence under Rules 2(5), 6 and 8(1) of the Rules, and Para-V and Para-VI of the Recruitment Notification No.53/2017 dated 21.10.2017 issued by the Telangana State Public Service Commission, for recruitment to the posts of Secondary Grade Teachers (SGTs) in school education, as illegal, unconstitutional, violative of Articles 16(1), 16(3) r/w. Article 371-D of the Constitution of India, and the existing Presidential Order in G.O.Ms.No.674 dated 29.10.1975. A consequential direction is sought to the respondents to hold recruitment to the posts of SGTs, by taking the erstwhile 10 districts as the unit of appointment for the purpose of study/residence and reservation of local candidates as per the existing Presidential Order in G.O.Ms.No.674 dated 29.10.1975, or in accordance with the provisions of the Constitution.

Finding of the Court:

1. The power of the State Government to organise classes of posts in the civil services of, and classes of civil posts under, the State into different local cadres for different parts of the State, "to the extent and in the manner provided in the Presidential Order", was available only for a period of 27 months from the commencement of the Presidential order i.e., prior to 17-01-1978. 2. Once the State Government has organised a class or classes of posts in the civil services of, and class or classes of civil posts under, the State as local cadres in a district, it ceases to have any power to bifurcate or reorganise the cadre or cadres therein. 3. Once the local cadre has been organized in respect of categories of posts declared by the President of India, and in pursuance of which the State Government has issued a notification organizing local cadres for local areas, the sanctity of such local cadre should be maintained except in cases where the amendment is effected with the approval of the President of India.

Issues: 1. Whether the State Government has the power to reorganise local cadres after the expiry of 27 months from the date of commencement of the Presidential Order? 2. Whether the creation of 31 districts by the Government of Telangana, with effect from 11.10.2016, can be understood as an exercise undertaken by the State Government to reorganise local cadres for these 31 districts? 3. Whether the 2017 Rules were made pursuant to any order issued by the President, and the 31 newly created districts can be regarded as a local area under Para 6(1) of the Presidential Order?

Ratio Decidendi: 1. The power of the State Government to organize local cadres came to an end on 17.01.1978, and it is only the districts, which existed then, which are to be regarded as a local area. 2. Creation of 31 districts by the Government of Telangana, with effect from 11.10.2016, more than thirty eight years after the cut off date of 17.01.1978, cannot be understood as an exercise undertaken by the State Government to reorganise local cadres for these 31 districts. 3. The 2017 Rules were not made pursuant to any order issued by the President, and the 31 newly created districts cannot, therefore, be regarded as a local area under Para 6(1) of the Presidential Order.

Final Decision: The Writ Petition is allowed. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs.