Horizontal reservation for women candidates in recruitment must be implemented prospectively, in line with Supreme Court directives, ensuring no retroactive effects on ongoing selection processes.

ORDER :

NAMAVARAPU RAJESHWAR RAO, J.

This writ petition is filed challenging Memo No.353/RP-II/2022, dated 06.04.2024 issued by the 2^nd respondent.

2. Heard Sri Ramesh Chilla, learned counsel for the petitioner and Sri P.S.Rajashekar, learned Standing Counsel for the Telangana State Public Service Commission (TGPSC)-2^nd respondent.

3. The present writ petition was filed by four petitioners. Subsequently, three petitioners i.e., petitioner Nos.2 to 4 withdrew the writ petition by order 17.02.2025.

4. Brief facts of the case are as follows :-

(a) The TGPSC issued Notification No.10/2022 dated 22.08.2022, for recruitment of two Professors, four Associate Professors and 21 Assistant Professors in the 3^rd respondent Institute. The petitioner, having acquired M.Tech in Computer Science, applied for the post of Assistant Professor in Computer Science/Information Technology. The selection process did not involve a examination. It required submission of online applications, proof of qualifications and experience, assessment academic and research performance, achievement of minimum research scores and participation in an ‘Interview-cum-Demo” held on 30.01.2023.

(b) The Schedule of Interview-cum-Demo for the posts of Associate Professors and Assistant Professors was released on 01.02.2023. The interviews were conducted from 06.02.2023 to 08.02.2023, and the petitioner attended as per the schedule.

(c) Based on the interview-cum-demo, the marks list of candidates was released by the 2^nd respondent on 15.02.2023. The petitioner secured 1^st rank by scoring 76.900 marks in the Computer Science/Information Technology. However, even after more than thirteen months, no final selection list was published for reasons best known to the respondents. Meanwhile, the Government of Telangana issued Memo No.7593/Ser.D/A2/2022, dated 02.12.2022, outlining the methodology for implementation of horizontal reservation for woman in line with the judgment of the Hon’ble Supreme Court in Rajesh Kumar-Daria Vs. Rajasthan Public Service Commission, [(2007 (8) SCC 785)] stating as follows :-.

“… is informed that 33 1/3% reservation for women, in all categories, in the matter of direct recruitment to the posts, for which, men and women are equally suited shall be implemented horizontally, following the law laid down by the Hon'ble Supreme Court in the case of Rajesh Kumar-Daria V Rajasthan Public Service Commission.

5. The 2nd respondent-Commission has issued a Web Note, dated 14.07.2023, which reads as follows :-

'It is hereby informed that, in compliance of orders of the Hon'ble Supreme Court in the case of Rajesh-Kumar Daria Vs. Rajasthan Public Service Commission (1 supra) and interim orders of the Hon'ble High Court in related matters in various W.Ps and the Government Memo No.7593/Ser.D/A2/2022, dated 02.12.2022 of the General Administration (SER.D) Department; Telangana, the Commission has decided to implement the Horizontal Reservation for Women candidates in all categories in the matter of direct recruitment for all the examinations which are conducted by the TSPSC after issuance of the Memo. The selections shall be subject to the outcome of final orders of the Hon'ble High Court in the related matter.”

6. The TGPSC has decided to implement horizontal reservation for women candidates in all categories in the matters of direct recruitment for all the examinations which are conducted by it after issuance of the Memo. No Writ Petitions are pending with respect to the recruitment of Professors, A