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2019 Supreme(Telangana) 274

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. NAVEEN RAO, J.
Lubna Tabassum, D/o. Saduddin - Petitioners
Versus
State of Telangana, Rep, through Principal Secretary, Department of Home, Secretariat, Hyderabad & another - Respondents
Writ Petition No.15675 of 2019
Decided On : 14-10-2019

Advocates:
Advocate Appeared:
For the Petitioner: Sri S. Rahul Reddy,
For the Respondent: Sri M.V.Rama Rao, Standing counsel

Headnote:

Telangana Public Employment – 1975 – Officers Assn Vs Union of India – 2003 – Petitioners secured high marks in written examination and also in Physical Efficiency Test by applying illogical normalization marks principle, they pushed down in merit list and not included in final merit list, aggrieved thereby, writ petition is filed –Held, Court is not expressing opinion on this and leaves it to Board to decide on this aspect, merit list already drawn and by applying Normalization principle across board merit list finalized and none of selected women candidates parties to writ petition, If necessary Board may place on notice already selected women candidates, consider their objections, if any, and take final decision –Writ Petition is accordingly disposed of (Para 34, 35, 36)

Facts of the case:

Petitioners secured high marks in written examination and also in Physical Efficiency Test by applying illogical normalization marks principle, they pushed down in merit list and not included in final merit list, aggrieved thereby, writ petition is filed

Findings of the court:

Court is not expressing opinion on this and leaves it to Board to decide on this aspect, merit list already drawn and by applying Normalization principle across board merit list finalized and none of selected women candidates parties to writ petition, If necessary Board may place on notice already selected women candidates, consider their objections, if any, and take final decision

Result : Writ Petition is accordingly disposed of

ORDER :

1. In pursuant to the recruitment notification dated 31.05.2018 issued by the Telangana State Level Police Recruitment Board, petitioners participated in the selections to the post Code No.12 –Stipendiary Cadet Trainee (SCT) Reserve Sub Inspector of Police (AR) (Men & Women). According to petitioners they secured high marks in the written examination and also in Physical Efficiency Test (P.E.T). However, by applying an illogical normalization marks principle, they are pushed down in the merit list and not included in the final merit list. Aggrieved thereby, this writ petition is filed.

2. The facts are not in dispute. The only issue for consideration is whether, Normalization principle applied by the respondent-Board in comparing the marks secured by women in Physical Efficiency Test with that of men is valid and even if it is valid whether among the women, whether the principle is applied ?

3. On 31.05.2018 the police recruitment Board issued several notifications to make recruitment to various categories of posts including Sub-Inspector of Police (Armed Reserve). The recruitment is governed by Telangana State Police (Stipendiary Cadet Trainee) Rules, 1999 notified vide G.O.Ms.No.315 Home (Police-C) Department dated 13.10.1999. These Rules were further amended and a notification of which was issued vide G.O.Ms.No.49 Home (Legal) Department dated 10.05.2018. There would be a preliminary written examination. Candidates who qualify in the preliminary written examination would be subjected to Physical Efficiency Test and such of those candidates who clear the Physical Efficiency Test would be subjected to written examination. Based on the marks secured in the Physical Efficiency Test and written examination, final merit list is drawn.

4. The controversy centers around Clause ‘E’ (ii) under the heading ‘Final Selection’. According to this Clause marks secured by men and women in Physical Efficiency Test would be normalized as per the procedure followed by TSLPRB to ensure fairness. Normalized marks of Physical Efficiency Test would be used while drawing the Final Merit List. This clause in the recruitment notification is based on amendment carried out to the recruitment Rules, notified vide G.O.Ms.No.49. Under Rule 3, Annexure I was amended concerning each of the posts which are governed by the said Rules. Sub- Paragraph 3 deals with Sub-Inspector of Police (Armed Reserve). Clause ‘F’ deals with selection and in this clause Normalized Principle is introduced.

5. In Physical Efficiency Test the Men have to undergo tests in five disciplines i.e., 100 Meters Run, Long Jump, Shotput, High Jump and 800 Meters Run. Women have to undergo Physical Efficiency Test in three disciplines i.e., 100 Meters Run, Long Jump and Shotput. The total marks earmarked for Physical Efficiency Test is 125. For men marks are divided equally in five disciplines and for women for 100 Meters run would carry 45 and Long Jump and Shotput would carry 40 marks each. In the final written examination there are Papers III and IV. Marks secured in Papers III and IV of final written examination alone would be considered to determine the eligibility of candidates.

6. According to learned counsel Sri Rahul Reddy, the procedure adopted by the recruitment-Board is arbitrary, amounts to gender discrimination and therefore, violative of Articles 15 and 16 of the Constitution of India. Having applied relaxed standard of selection for women, there is no justification to adopt Normalization principle to compare the marks secured by men in five disciplines as against three disciplines for women and the same has no justification.

7. He would further submit that the respondent-Board, tried to justify the principle adopted by referring to other Organizations such as Railway Recruitment Board, Universities and Admissions to Educational Institutions. According to learned counse

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