IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
Mutyala Gautam - Petitioner
Versus
State of Telangana and others - Respondents
W.P. No.16005 of 2019
Decided On : 19-01-2023
Constitution of India, 1950 - Articles 14 and 16 - Telangana State & Subordinate Service Rules, 1996 - Rule 22E - Selection for posts of Code - Appointment to the post Code - Learned counsel for petitioner learned standing counsel for respondent and learned counsel appearing for respondents - Writ petition is filed to issue an writ, order or direction more particularly nature of Writ of Mandamus to direct respondent authorities to consider claim of petitioner for appointment - Held, Writ Petition is to consider case of Petitioner for appointment to Post Code Ex-Servicemen Quota Notification Respondent - Apex Court referred to and extracted above referred facts and circumstances of case contentions specifically contended in counter affidavit filed by 2nd Respondent contentions specifically contended in the counter affidavit filed by unofficial Respondent - Petition is dismissed
ORDER :
Heard learned counsel for the petitioner learned standing counsel for the 2nd respondent and learned counsel appearing for respondents 4 to 9.
2. This writ petition is filed to issue an writ, order or direction more particularly one in the nature of Writ of Mandamus to direct the respondent authorities to consider the claim of the petitioner for appointment to the post Code Nos.11 to 19 under Ex-Servicemen Quota as per the notification Rc.No.89/Rect./Admn.-1/2018 dated 31.05.2018 issued by the 2nd respondent herein, by declaring the action of the respondent authorities with regard to the manner of conducting tests and reducing the vacancies after conducting examination, as illegal, arbitrary, and in violation of Art.14 and 16 of Constitution of India and contrary to the provisions of Telangana State & Subordinate Service Rules, 1996 consequently set aside the improper selection of the respondent nos. 4 to 9 under ex-servicemen quota.
3) The case of the petitioner, in brief, is as follows:
a) The Petitioner is a Ex-servicemen and is challenging the 2nd manner and method of selection process by the respondent for selection of posts notified vide Rc.No.89/Rect./Admn.1/2018 dated 31.05.2018 under ex-servicemen quota.
b) The Petitioner is a local candidate of Zone – V comprising Adilabad, Karimnagar, Warangal, and Khammam districts and had worked in the past in:
| 1. | On 08.08.1996 | Joined in Indian Air Force as Aircraftsmen. |
| 2. | On 1997 | Posted to Bikaner in Rajasthan and worked up to 2001. |
| 3. | On 1999 | Took part in Kargil war and also received appreciation letter by Station Commander in 2004. |
c) The petitioner also received letter of appreciation from Air Officer Commanding in the year 2005 and 2007 for discharging his duties sincerely, efficiently and professionally and after working for 20 years, he has retired as Sergeant in the year 31.08.2016.
d) The 2nd Respondent has issued recruitment notification through online vide proceedings no. 89/Rect/Admn.-1/2018 dated 31.05.2018 for filling up of various posts:
| a. | Sub-Inspector of Police | 710. |
| b. | Reserve Sub-Inspector of Police | 275 |
| c. | Reserve Sub-Inspector of Police, TSSP | 275 and |
| d. | Other posts in all 1217, code 11 to 19, through direct recruitment in Zone V, VI and city of Hyderabad. | |
e) The petitioner has applied having the eligibility through online for the supra mentioned posts and was assigned with registration no. 11209851. The process of selection consists of 5 stages i.e., Preliminary Written Test, Physical Measurement Test, Physical Efficiency Test, Final Written Examination followed by Final Selection. The Selection for posts of Code No. 11 – (Sub-Inspector of Police, selection will be made based upon merit scores in the final written examination subject to reservation. The Selection for posts of Code No. 12 – (Reserve Sub-Inspector of Police), the selection will be made both on merit scored in the final written examination and also upon the Physical Efficiency Test subject to reservations and the process for other code is different.
f) The Post Code – (Reserve Sub-Inspector of Police) of Zone V was shown as 166 and Zone VI as 109. However, after the completion of all the tests, the 2nd Respondent has brought an amendment to the supra “Notification in Rc No. 89/Rect./Admn-1/2018 dated 31.05.2018” vide Rc.No.89B/Rect./Admn-1/2018 dated 12.07.2019 reducing the number of posts from 166 to 109 in Zone – V and adding the same to Zone VI, assigning no reason whatsoever.
g) The Rule 24 of the notification deals with, who can claim reservation as ex-servicemen and the conditions to satisfy to claim such reservation mentioned in Rule 2(16) of Telangana State Subordinate Service Rules, 1996 and the explanation of the said rule is given at length. As per Rule 22E(c) of Telangana State Subordinate Service Rules, 1996 ou
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
The court affirmed that the principles of reservation must be applied as per the existing regulations, distinguishing between horizontal and vertical reservations.
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
The main legal point established is that the plea for parity with appointed candidates is not applicable if the petitioner had not been appointed, and the court has the authority to quash an order if....
Ex-servicemen nominees must be appointed within 15 days per government instructions; authority delays deem appointment effective from that date, counting as qualifying service for pension.
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