THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4512 OF 2018
ORDER:
This Writ petition is filed under Article 226 of Constitution of India, seeking the following relief:
“….to issue an appropriate Writ, Order or direction, more particularly one in the nature of writ of mandamus declaring action of the respondents in not reserving the mandated 33 1/3 % vacancies for women category instead of only reserving 10% of the vacancies in each category for women for the post of Stipendiary Cadet Trainee (SCT), Reserve Sub-Inspector of Police (AR) (Men and Women) in the Police Department, pursuant to the Notification No.Rc.No.01/Rect./Admn/2016 dated 06.02.2016 as illegal and arbitrary, in violation of A.P.State and Subordinate Service Rules, 1996, A.P. Police (SCT) Rules, 1999 (Adaptation Order) 2015 issued by the Government Telangana vide G.O.Ms.No.96, Home (Legal) Department dated 31.12.2015 and the amendments thereon, and in violation of Articles 14, 16 of the Constitution of India …”
2. Heard Ms.B.Rachana Reddy, Learned Counsel appearing for the petitioner and the Learned Special Government Pleader for Home, appearing for the respondents.
3. The Learned Counsel appearing for the petitioner submits that the Telangana State Level Police Recruitment Board (for brevity TSLPRB), Hyderabad had issued notification No.RC.No.01/Rect/Admn.1/2016 dated 06.02.2016 calling for online applications for recruitment to the posts of Stipendiary Cadet Trainee (SCT), Sub-Inspector of Police (Civil), Men and Women (Post Code No.11), SCT, Reserve Sub-Inspector of Police (AR) Men and Women, (Post Code No.12) and others posts in the police department.
4. The learned Counsel for the petitioner submits that the Clause No.7 of the Notification provides for Women Reservation and under the said clause, it is stated that 33 1/3% of vacancies in each category are reserved for women for the post Code No.11 and 10% of vacancies in each category are reserved for Women for the Post Code-12 under direct recruitment. As per Clause 8 (a), the recruitment to the posts mentioned in the Police Department (Post Code Nos.11 to 14) shall be made as per the provisions of the A.P. Police (SCT) Rules, 1999 (Adaptation Order) 2015 issued by the Government of Telangana in G.O.Ms.No.96, Home (Legal) Department dated 31.12.2015 and the amendments thereon. Clause-9 of the Notification provides for reservation, which reads: “Special Representation (Reservation): i) The rule of Special representation (reservation) i.e. BC.-A, BC-B, BC-C, BC-D, sac, ST and Ex-Servicemen provided in Rule 22 and 22A of the State and Subordinate Service Rules, 1996 as applicable to the State of Telangana as per the A.P. Reorganization Act, 2015 shall be applicable”.
5. The Learned Counsel for the petitioner further submits that in pursuance to the said notification the petitioner has applied for the post Code Nos.11 and 12 of the Notification i.e. SCT, Sub-Inspector of Police (Civil), Men and Women, and SCT Reserve Sub-Inspector of Police (AR) (Men and Women) respectively. The petitioner belongs to BC-D category and comes under Zone-VI. After clearing the preliminary test as well as physical test the petitioner appeared for Final Examination for the Post Code Nos.11 and 12, in which the petitioner secured 220.50 Marks out of 325 and she also qualified in the subjects of Telugu and English and was expecting to be selected to the post of SCT RSI (AR) (Women) on the basis of marks secured by her. The respondent No.3 released the cut-off marks to enlist the candidates coming within the zone consideration for selection to the various post codes. As per the cut-off marks prescribed by the respondent No.3 for the Post Code No.12, SCT RSI (AR) (Women) requiring for coming within the zone of consideration for selection for the post Code No.12 under BC-B category, the cut-off marks is 226/325 for Zone VI. The petitioner comes under zone-VI and since the petitioner secured 220.50 marks she could not come within the zone consideration for selection under the BC category or under th
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