COMMON ORDER:

Since both these matters are inter se connected with each other, they are taken up together and disposed of by this common order.

2) Heard Ms.Devara Samhitha, learned counsel for the petitioner, learned Government Pleader for Services-III appearing for respondents 1 and 2, and Sri P.S. Rajasekhar, learned Standing Counsel, for respondent No.3.

3) Learned counsel for the petitioner has stated that in response to the notification No.22/2022, dated 09.12.2022, issued by the third respondent, the petitioner had applied for the post of Junior Lecturer. In Annexure-I appended to the said notification, posts were earmarked for categories of physical handicapped, women and sports persons in vertical reservation. Thereafter, due to issuance of G.O.Ms.No.35, dated

13.02.2024, respondent No.3 has issued web note dated 27.06.2024 releasing the revised break up of vacancies by considering women in horizontal reservation. However, the said revised break up is also not in accordance with the dicta laid down by the Hon’ble Supreme Court as the category of Persons with Disabilities and Sports are still allotted under vertical reservation. The reservation for physically handicapped persons as vertical is contradictory to the principles established by the Hon’ble Supreme Court and various High Courts. The candidates who applied for the said posts through the above said notification will be aggrieved in the recruitment process if the Physically Handicapped and Sports candidates are considered under vertical reservation rather than horizontal reservation. Learned counsel has further contended that even after the Hon’ble Supreme Court, time and again, has laid down the principles on how a reservation must be considered in Indra Sawhney v. Union of India 1 and Rajesh Kumar v. Rajasthan Public Service Commission 2 , without considering the same, respondent No.3 had again released the notification by showing the Persons with Disabilities in vertical reservation, which is absolutely illegal, arbitrary and violative of equal opportunity. Further, consideration of Physically Handicapped persons and Sports persons under vertical reservation would grievously affect the 100 point roster to other candidates who are equally or more eligible for the said post. As per Rule 22 and 22A of Telangana State and Subordinate Services Rules, 1996, the 100 point roster is followed at present and the essence and purpose of the same would be defeated if the Physically Handicapped candidates are considered under vertical reservation. Learned counsel has further contended that duly following the dicta laid down by the Hon’ble Supreme Court in Rajesh Kumar Daria’s case (referred supra) that

1 1992 Supp (3) SCC 217

2 (2007) 8 SCC 785

Women and Physically Handicapped persons or any special reservation have to be considered as horizontal reservation but not vertical reservation, the State of Andhra Pradesh has issued G.O.Ms.No.77, dated 22.08.2023, making amendment to Andhra Pradesh State and Subordinate Services Rules, 1996, and issued operational guidelines explaining horizontal reservation. Though, the State of Telangana also issued G.O.Ms.No.35, dated 13.02.2024, making amendments to Telangana State and Subordinate Service Rules, 1996, implementing horizontal reservation in respect of women, but it failed to include the Physically Handicapped and Sports categories in horizontal reservation. The State of Telangana in G.O.Ms.No.27, dated 10.04.2017, has notified Telangana Medical Colleges Rules 2017 (Admission into PG Course) Rules, 2017, wherein 33.33% women reservation, 3% PH reservation were specified as horizontal reservation. Therefore, when women and meritorious sports persons are recognized under horizontal reservation, the category of physically handicapped also must be equally considered