ORDER :

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This Writ is filed to issue a Writ of Mandamus declaring the action of the respondents in not notifying the vacancy meant for the post of disabled persons under 3% quota for the post of Veterinary Assistant in Category (4) of Class-A in Medak District under Notification No.30/2017 dated 02.06.2017 in 1st Respondent Department, and further not indicating the backlog vacancies from the earlier recruitment and roster point as illegal, without jurisdiction, violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to consider and appoint the Petitioner against the vacancy meant for disabled persons under 3% quota or any other unfilled backlog vacancies as per Rule 22 of Telangana State and Subordinate Service Rules 1996 for the post of Veterinary Assistant in Category (4) of Class-A in Medal District under Notification No.30/2017 dated 02.06.2017, as per eligibility and merit with all consequential reliefs.

3. The case of the petitioner, in brief, is as follows:

a) The Petitioner, belongs to BC(A) Community and is Orthopaedically handicapped and possesses all requisite qualifications for the post of Veterinary Assistant in Category (4) of Class-A.

b) The 2nd respondent issued Notification No.30/2017, dated 02.06.2017 for the said post and the petitioner had applied for the same. The petitioner had taken the examination on 23.07.2017 and had qualified in the Written Exam and was called for verification of certificates on 04.10.2017 and had given the web option on 11.10.2017.

c) On 26.08.2018, the 2nd respondent had released the provisionally selected candidates mark list and the hall ticket number of the petitioner had not been mentioned. The 2nd Respondent further, issued a Press Note on 26.06.2018 that out of 541 vacancies notified, 462 vacancies were filled up and 76 vacancies remained unfilled due to non-availability of eligible candidates in category of Women, PH, Agency, and Communities in some districts.

d) The petitioner had made a representation to the 2nd respondent on 18.06.2018 to interchange other physically handicapped vacancies and when the petitioner had approached the office of the 2nd respondent for enquiring about the roaster points, the petitioner had been informed that fresh roster points are being followed, as this was the first recruitment after the formation of Telangana State and that only 489 vacancies are pertaining to this vacancies and the remaining vacancies are backlog vacancies.

e) The petitioner had requested the 2nd respondent to include 1 (One) OH Vacancy as per Rule 22, appointing the petitioner in the said post of Veterinary Assistant as per eligibility and merit and the action of 2nd respondent in not notifying the 3% vacancies pertaining to disabled persons is contrary to law.

f) Total 78 posts were notified in Medak and as per 100 point roster under Rule 22 of Telangana State Subordinate Service Rules, 1996, three physically handicapped vacancies should have been notified i.e., 1-VH at roster No.6, 1-HH at roster No.31 and 1-OH at roster No.56, instead only one VH and HH vacancy were notified which is in violation of Rule 22 of Telangana State Subordinate Service Rules, 1996 and Article 14 of Constitution of India.

g) If, a fresh roster is being followed for the newly formed Telangana state, then the 2nd Respondent ought to have seen that 3 disabled vacancies are to be notified and it appears that no roster point system is being followed.

h) The 2nd respondent had not indicated the backlog vacancies to disabled persons, pertaining to Medak District and the same is illegal and violative of Articles 14 & 16 of Constitution of India and further, the 2nd respondent had not notified the OH Vacancy thereby denying the petitioner, the right to employment, depriving the petitioner of livelihood, which is in violation of Article 21 of Constitution of India.

i) The Petitioner and