ORDER:

This writ petition is filed praying to grant the following relief:

“… to issue an appropriate writ, particularly in the nature of Writ of Mandamus order or direction that the action of the respondents in not appointing the petitioner as SCT Police Constable (Civil) in agency area of Mahaboobnagar District though the petitioner was provisionally selected and submitted all necessary documents after clearing the litigation in W.P.No.25344/2012 dt.27.07.2017 as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the applicant is entitled for appointment to the post of SCT Police Constable (Civil) in the agency area of Mahaboobnagar District on par with other selected candidates with all consequential benefits arise there from including seniority and monetary benefits with all consequential benefits arise there from and pass such other order or orders as are deemed fit and proper in the circumstances of the case.”

2. Brief facts:

Petitioner is a resident of Ippalapalli Village, Padira Mandal, Nagarkurnool District. He belongs to ST (Lambada) Caste. A notification vide Rc.No.151/Rect/ Admn.I/2015, dated 31.12.2015, inviting applications from eligible candidates for filling up of various posts of Stipendiary Cadet Trainee (SCT) Police Constables (Civil) (Men & Women), SCT PCs (AR) (Men & Women), SCT PCs (SAR CPL) (Men), SCT PCs (TSSP) (Men), Constable (Men) in Special Protection Force (SPF) Department, Firemen in TS Disaster Response and Fire Services Department (Post Code Nos.21 to 26) as per Special Rules called as “Andhra Pradesh Police (Stipendiary Cadet Trainee), Rules, 1999” issued vide G.O.Ms.No.315, Home (Police.C) Department, dated 13.10.1999 and its amendments issued from time to time and as adopted to the State of Telangana vide G.O.Ms.No.96, Home (Legal) Department, dated 31.12.2015, was issued. Pursuant to the said notification, petitioner participated in the recruitment process vide Registration No.376540. In the online application, petitioner mentioned his community as ST category and in the column “Do you belong to ST and Aborinal Tribe Domiciled in the Agency Areas of Adilabad/Khammam/Warangal/Mahabubnagar Districts”, petitioner answered “YES” (version of the official respondents). Petitioner was unable to produce Agency Area Certificate, when certificates were verified at the time of Physical Measurement Test and Physical Efficiency Test. Petitioner appeared for final written examination and secured

92 marks for the post of SCT PC (Civil)/Firemen and 83.50 marks for the post of SCT PC (AR/SAR/TSSP). The case of the petitioner was considered under ST category and he was not selected for any post as he secured less marks. The grievance of the petitioner is that he should be considered as an Agency Area Tribal.

3. It is submitted by learned Ms. V. Yashoda, learned counsel representing Mr. G.V.L. Murthy, learned counsel for the petitioner, that petitioner secured 92 marks and 83.50 marks in the final written examination and that he is eligible to be appointed in the category of Aboriginal Schedule Tribe but the respondents have not considered his case. It is further submitted that he approached the revenue authorities for grant of Agency Area Certificate. But, the revenue authorities issued only Scheduled Tribe Caste Certificate. It is also the case of the petitioner that he belongs to ST Lambada and that his village is declared as an Agency Area. It is pointed out that the post of SCT PC (Civil) is not filled up and though he was provisionally selected, the appointment is being denied.

4. Respondent No.3 filed counter affidavit stating that pursuant to the notification, petitioner appeared in the final written examination and secured 92 marks for the post of SCT PC (Civil/Firemen and 83.50 marks for the post of SCT PC (AR/SAR/TSSP). It is stated that as per paragraph No.6 of the notification dated 31.12.2015 issued by the Telangana State Level Police R