Home Guards must be classified as a special category entitled to a separate merit list and appropriate horizontal reservation in recruitment processes.

COMMON ORDER

Since the issue involved in all the writ petitions is the same, all the writ petitions are disposed of by way of this common order.

2. Heard Sri G.Seena Kumar and Sri N.Pramod, Sri Mojjada Hari Krishna, Sri Narra Srinivasa Rao, Sri S.V.S.S. Siva Ram, learned counsel for petitioners and Sri Dammalapati Srinivas, learned Advocate General for respondents.

3. The batch of writ petitions was filed to declare the action of respondents in disqualifying the petitioners/Home Guards for not securing the qualifying marks in the Preliminary Written Test on par with the direct recruit candidates by applying social or communal reservations i.e., 80 marks for OC (40%), 70 marks for BC(35%) and 60 marks for SC/ST and ex-servicemen (30%) and in applying horizontal reservation to the special category of Home Guards in pursuance of the notification issued in Rc.No.161/SLPRB/Rect.2/2022 dated 28.11.2022 by the 2 nd respondent and also not extending the benefit of the orders of this Court in W.P.No.21715 of 2017 and batch dated 15.11.2017, as illegal, arbitrary and contrary to Rule (C) (D) of the Rules issued in G.O.Ms.No.315 HOME (Police.C) Department dated 13.11.1999 as amended by G.O.Ms.No.97 dated 01.05.2006.

4. The averments in the W.P.No.10286 of 2023 and counter affidavit lead to the entire batch of writ petitions.

5. W.P.No.10286 of 2023 was filed to declare the action of respondents in not allowing the petitioners 1 to 3 herein to appear for the Physical Measurement Test / Physical Efficiency Test by treating them as non-local candidates and in not extending the benefit in terms of the judgment of this Court in W.P.No.21715 of 2017 and batch dated 15.11.2017; not fixing a separate merit list for home guards being a special category, disqualifying the home guards on the ground of not securing marks prescribed in the notification i.e. 40%, 35% and 30% without fixing a separate cut off mark to them etc., as illegal, irrational and arbitrary.

6. a) A notification vide Rc.No.161/SLPRB/Rect.2/2022 dated 28.11.2022, was issued by the 2 nd respondent inviting applications online for Stipendiary Cadet Trainee (SCT) Police Constables (Civil) and Stipendiary Cadet Trainee (SCT) Police Constables (APSP) in the police department. Clause 2 of the notification prescribes that a preliminary written test will be held on 22.01.2023. The total number of vacancies notified for SCT Police Constables (Civil) for Post Code No.21 is 3580 and for SCT Police Constables (APSP) for Post Code No.23 is 2520.

b) Clause-7 prescribes Reservation for Special Categories i.e. Meritorious Sports Personnel (MSP); National Cadet Corps (NCC); Children of Police Personnel (CPP); Children of deceased and Incapacitated Police Personnel (CDI) and Home Guard (HG). It was further prescribed that the vacancies be adjusted horizontally on a compartmentalised basis i.e., the reservation of Special Category candidates shall be adjusted proportionately in the respective communal category to which the candidate belongs. Vacancies that remain unfilled in any of the special categories for want of eligible candidates shall be added to the vacancies to be filled by direct recruitment.

c) Clause 13 of the notification prescribes eligibility conditions. Clause 13-B(a)(i) prescribes an age limit, in respect of Home Guards, one should attain 18 years and must not have attained the age of 32 years as of 01.07.2022 i.e., must have been born not earlier than 02.07.1990 and not later than 01.07.2004. Clause 13-B (a)(ii) prescribes an age limit in respect of all other candidates. Age relaxations are also indicated in the respective communal categories.

d) Clause 20 prescribes a selection procedure/scheme. As per Note-1, the minimum marks to be secured by the candidates to qualify in the Preliminary Written Test is 40% for OCs (including those claiming EWS reservation); 35% for BCs; and 30% for SCs/STs/Ex-Servicemen. Note-3 makes it clear that marks obtained in the Preliminary Written Test will hav