THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.38502 and 27844 of 2022 COMMION ORDER:

Since the lis involved in both these writ petitions is similar in nature, they are heard together and taken up for disposal by way of this common order.

2. W.P.No.38502 of 2022 is filed seeking the following relief:

“…to issue any writ, order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the notification No. 4/2022 dated 26.04.2022 issued by the 4th respondent as illegal, arbitrary and is in derogation of the Principles of Rule of Law, so also in contravention of Articles 14, 15, 16, and 21 of the Constitution of India and also in violation of the judgements rendered by the Honourable Supreme Court of India in the cases of Indra Swahney Vs. Union of India reported in 1992 Supp. (3) SCC 217, and also in the case of R.K. Sabharwal Vs. State of Punjab reported in 1995(2) SCC 745 and also in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and others reported in 2007(8) SCC 785, and Public Service Commission Uttaranchal Vs. Mamta Bisht and others reported in 2010 (12) SCC 204 and consequently set aside the notification No. 4/2022 dated 26.04.2022 issued by the 4th respondent and pass…”

3. W.P.No.27844 of 2022 is filed seeking the following relief:

“…to issue any appropriate writ, order or direction vow particularly one in the nature writ of mandamus declaring the action of the Respondents, in treating the Women Reservation also as the Vertical Reservation, instead of treating it as the Horizontal Reservation, pursuant to the Notification No. 4/2022, dated 26- 04-2022, for the notified Group-I Services Posts, under the guise of implementing the 33.33% reservation in favour of women candidates, in terms of Rule 22 and 22-A of Telangana State and Subordinate Service Rules, 1996, as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the Dicta laid down by the Hon’ble Supreme Court in the case of Rajesh Kumar Dania Vs. Rajastan Public Service Commission and others, reported in : AIR 2007 SC 3127 and Public Service Commission, Uttaranchal Vs. Mamta Bisht and others reported in : 2010 (12) SCC 204, and in the case of K. Venkatesh and Another Vs. Government of AP and Others reported in 2009 (6) ALT 483 and consequently read down the Notification No. 4/2022, dated 26-04-2022, in so far as Women Reservation is concerned, set-

aside the 100 point roster prescribed in Rules 22 and 22-A of Telangana State and Subordinate Service Rules, 1996, in so far as women roster points are concerned, and direct the respondents to follow the principles of Horizontal Reservation for Women Candidates, in the 33.33% reservation in favour of women, without earmarking any roster points for them and by following the procedure indicated by the Hon’ble Supreme Court in the cases reported in : AIR 2007 SC 3127 and 2010 (12) SCC 204, by counting the meritorious women candidate also against the number of special reservation quota for women and accordingly consider the cases of the Petitioners and other Group-I Services Aspirants, for appointment based on their merit, against the notified Group-I Services Posts, pursuant to the Notification No.

4/2022, dated 26-04-2022, and pass…”

4. When the matter is taken up for hearing, Sri M. Ramgopal Rao, learned Standing Counsel for Telangana State Public Service Commission, appearing on behalf of respondent No.4 in both these writ petitions, submits that in compliance of the interim orders passed by this Court in both the writ petitions, the Government has issued G.O.Ms.No.3, Women, Children, Disabled, Senior Citizens Welfare Department, dated 10.02.2024, directing to implement 33¹/ % Horizontal Reservation in favour of Women

3 Candidates without earmarking any roster points for them. Furthermore, in pursuance of the said G.O., the Government has issued G.O.Ms.No.35, General Administration (Ser.D) Department, dated 13.02.2024, where