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2025 Supreme(AP) 1255

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
Gummadi Kamakshaiah S/o Venkateswarlu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition Nos. 1434, 1834, 1997, 2024, 2037, 2039, 2071, 2155, 2156, 2160, 2186, 2257, 2258, 2485, 2508, 2777, 2825, 3020, 3058, 3208, 3214, 3285, 3325, 3392, 3402, 3428, 3635, 3652, 3684, 3790, 4225, 4351, 4481, 4525, 5078, 6028, 11721, 13223, 13224, 13241, 13536, 13593, 13838, 13844 of 2025
Decided On : 18-09-2025

Advocates Appeared:
For the Appellants : G. Seena Kumar, K. Srinivasa Prasad, B.V. Anjaneyulu

The court reaffirmed that candidates participating in a selection process cannot challenge the established criteria post-participation, emphasizing adherence to statutory rules and the irrelevance of special treatment requests absent a legal basis.

Headnote:(A) Andhra Pradesh Home Guards Act, 1948; A.P. Police (Stipendiary Cadet Trainee) Rules, 1979; Article 309 of the Constitution of India - Petitioners challenged disqualification in physical efficiency test for Home Guards, arguing for separate qualifying marks and parameters as distinct from general candidates - Notification issued for 6100 vacancies did not provide separate criteria for Home Guards, leading to confusion in the selection process. (Paras 1-11)

(B) Recruitment Rules - Distinction between quota systems for Home Guards and Ex-servicemen - Rules for physical tests remain constant due to the demands of the job and statutory requirements - Courts cannot bypass statutory requirements under Article 309 in granting relaxed parameters. (Paras 18-20)

(C) Candidates participating in selection cannot later contest the fairness of the process once they have accepted its terms - Principle stated in various Supreme Court judgments emphasizes that participation in the selection process involves acceptance of the criteria established. (Paras 35-36)

Facts of the case:
The Petitioners, serving Home Guards, contested their disqualification in a physical test meant for general candidates despite having a reserved quota of 15% for their group due to longstanding service conditions and distinct job demands. (Paras 4-8)

Findings of Court:
The Court upheld the validity of the selection process and the physical parameters set forth, affirming that no separate tests or criteria could be implemented without violating statutory mandates. (Paras 24-37)

Issues: Whether the Petitioners are entitled to different parameters for selection and whether they can challenge the selection criteria after participating in the process.

Ratio Decidendi: The Court held that the Recruitment Rules are established and should not be altered by the Court’s discretion; candidates accepting the rules cannot later contest their validity simply because they were unsuccessful.

Result: Writ petitions dismissed.

Table of Content
1. disqualification of home guards in exams. (Para 1 , 3 , 4 , 8)
2. arguments for separate physical criteria for home guards. (Para 9 , 10 , 11)
3. court's stance on physical test requirement. (Para 12 , 13 , 20)
4. judicial limitations on altering recruitment rules. (Para 23 , 24 , 36)
5. conclusion: petitions dismissed; no merits found. (Para 37)

ORDER :

1. The batch of writ petitions is filed to declare the action of Respondents in disqualifying the Petitioners/Home Guards in physical efficiency test treating them on par with general recruit candidates pursuant to the notification in Rc.No.161/SPPRB/Rect.2/2022 dated 28.11.2022 though the Petitioners are seeking appointment only against the quota of 1167 vacancies reserved for Home Guards and not against general vacancies, as arbitrary and illegal and for a consequential direction for fixing separate qualifying marks in the written exam and to enhance the time for physical efficiency test and to prepare a merit list for 1167 vacancies of Police Constables meant for Home Guards.

2. As the issue in these writ petitions is common, with the consent of learned counsel, the matters were taken up for hearing and are disposed of by this common order.

3. W.P.No.2258 of 2025 is taken up as lead case and the facts are as under:

The Petitioners are working as Home Guards. A notification was issued by Respondent No.2 on 28.11.2022 vide Rc.No.161/SLPRB/Rect.2/2022 proposing to fill up 6100 number of vacancies of Stipendiary Cadet Trainee (SCT) Police Constables (Civil) (Men & Women) and Stipendiary Cadet Trainee (SCT) Police Constables (APSP) (Men) in Police Department. The recruitment of posts would be made in terms of A.P.Police (Stipendiary Cadet Trainee) Rules, 1979 issued vide G.O.Ms.No.315, Home (Pol.C) Department, dated 13.10.1999 and amendments thereon.

4. The selection procedure was that initially, preliminary written test would be conducted for marks. The candidates who qualified in the preliminary written test will be informed about the dates through the website for appearing in the Physical Measurements Test (PMT)/Physical Efficiency Test (PET) along with details of venue, date and time. For Physical Measurements Test, Men should have a height of not less than 167.6 centimeters and Chest of not less than 86.3 centimeters with a minimum expansion of 5 centimeters. For Women, the height should not be less than 152.5 centimeters and weight must not be less than 40 kgs. Certain relaxed parameters were provided for candidates belonging to Scheduled Tribes and Aboriginal Tribes in the Agency areas of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari and West Godavari Districts.

5. After Physical Measurement Test, Physical Efficiency Test would be conducted to those candidates, who have qualified in Physical Measurement Test and the standards are given below:

S. No.ItemQualifying Time/Distance
GeneralEx. ServicemenWomen
011600 meters run8 Minutes9 Minutes 30 Seconds10 Minutes 30 Seconds
02100 meters run15 seconds16.5 seconds18 Seconds
03Long jump3.80 Mtrs.3.65 Mtrs.2.75 Mtrs.

xxx xxx xxx

S. No.ItemQualifying Time/DistanceMaximum Marks
GeneralEx. ServicemenWomen
011600 meters run8 Minutes9 Minutes 30 Seconds10 Minutes 30 Seconds40
02100 meters run15 seconds16.5 seconds18 Seconds30
03Long jump3.80 Mtrs.3.65 Mtrs.2.75 Mtrs.30

6. Thereafter, the candidates who qualify in the Physical Efficiency Test shall be required to appear for final written examination and the minimum qualifying marks for OCs is 40% (including those claiming EWS reservation), 35% for BCs and 30% for SCs/STs/Ex-Servicemen.

7. The final selection will be on the basis of the relative merit obtained in the final written examination and as per the provisions of the A.P.Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 and G.O.(P).No.763, General Administration (SPF.A) Department, dated 15.11.1975 as amended from time to time.

8. The grievance of the Petitioners is that they be

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