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2025 Supreme(Online)(Tel) 41712
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Namavarapu Rajeshwar Rao, J
P.V. Shalini – Appellant
Versus
State of Telangana – Respondent
W.P.No.11342 of 2024
For the Appellants/Petitioners: Ramesh Chilla
For the Respondents: P.S. Rajashekar
The implementation of horizontal reservation for women in ongoing recruitment processes, pursuant to judicial mandates and subsequent clarifying government orders, does not constitute impermissible retrospective action, as it aligns administrative procedure with established legal principles of non-discrimination and proper vertical/horizontal category management.
Headnote:(A) Constitution of India - Articles 14, 16, 19, 21 - Recruitment - Horizontal reservation for women - Validity of retrospective application of reservation policy - The Court examined whether the implementation of horizontal reservation for women mandated by Government Orders (G.O.Ms.No.3 and G.O.Ms.No.35) could apply to ongoing selection processes initiated under a prior notification.
(B) Administrative Law - Prospective vs. Retrospective application - Clarification of rules vs. Modification - The court affirmed that if a government order acts as a clarification, it may apply retrospectively, but substantive amendments cannot affect vested rights generated by a recruitment process unless explicitly stated.
Facts of the case:
The petitioner, an applicant for the post of Assistant Professor, challenged a memo issued by the Public Service Commission that delayed the final selection list to implement horizontal reservation for women as per recent government orders, despite the petitioner previously securing the first rank in the interview process.
Findings of Court:
The court held that the issuance of the impugned government orders and the commission's compliance were consistent with prior judicial mandates regarding horizontal reservation (Rajesh Kumar Daria principle) and did not constitute arbitrary or illegal action. The reservation policy was a clarification of existing legal requirements.
Issues: Whether the implementation of horizontal reservation for women via subsequent government orders in an ongoing recruitment process is legally valid or arbitrary and discriminatory.
Ratio Decidendi: Implementation of horizontal reservation for women in order to comply with Supreme Court mandates is not retrospective modification, but a necessary systemic alignment; therefore, enforcing these requirements for an ongoing selection is legally sustainable.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. procedural background and recruitment facts. (Para 1 , 2 , 3 , 4) |
| 2. prospective vs retrospective application of reservation policy. (Para 5 , 6 , 7 , 8 , 9) |
| 3. compliance with court directives and administrative orders. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. validity of horizontal reservation implementation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.11342 of 2024
ORDER:
This writ petition is filed challenging Memo No.353/RP-II/2022, dated 06.04.2024 issued by the 2nd respondent.
2. Heard Sri Ramesh Chilla, learned counsel for the petitioner and Sri P.S.Rajashekar, learned Standing Counsel for the Telangana State Public Service Commission (TGPSC)-2nd respondent.
3. The present writ petition was filed by four petitioners. Subsequently, three petitioners i.e., petitioner Nos.2 to 4 withdrew the writ petition by order 17.02.2025.
4. Brief facts of the case are as follows :-
(a) The TGPSC issued Notification No.10/2022 dated 22.08.2022, for recruitment of two Professors, four Associate Professors and 21 Assistant Professors in the 3rd respondent Institute. The petitioner, having acquired M.Tech in Computer Science, applied for the post of Assistant Professor in Computer Science/Information Technology. The selection process did not involve a examination. It required submission of online applications, proof of qualifications and experience, assessment academic and research performance, achievement of minimum research scores and participation in an ‘Interview-cum-Demo” held on 30.01.2023.
(b) The Schedule of Interview-cum-Demo for the posts of Associate Professors and Assistant Professors was released on 01.02.2023. The interviews were conducted from 06.02.2023 to 08.02.2023, and the petitioner attended as per the schedule.
(c) Based on the interview-cum-demo, the marks list of candidates was released by the 2nd respondent on 15.02.2023. The petitioner secured 1st rank by scoring 76.900 marks in the Computer Science/Information Technology. However, even after more than thirteen months, no final selection list was published for reasons best known to the respondents. Meanwhile, the Government of Telangana issued Memo No.7593/Ser.D/A2/2022, dated 02.12.2022, outlining the methodology for implementation of horizontal reservation for woman in line with the judgment of the Hon’ble Supreme Court in Rajesh Kumar-Daria Vs. Rajasthan Public Service Commission1(2007 (8) SCC 785) stating as follows :-.
“… is informed that 33 1/3% reservation for women, in all categories, in the matter of direct recruitment to the posts, for which, men and women are equally suited shall be implemented horizontally, following the law laid down by the Hon'ble Supreme Court in the case of Rajesh Kumar-Daria V Rajasthan Public Service Commission.
5. The 2nd respondent-Commission has issued a Web Note, dated 14.07.2023, which reads as follows :-
'It is hereby informed that, in compliance of orders of the Hon'ble Supreme Court in the case of Rajesh-Kumar Daria Vs. Rajasthan Public Service Commission (1 supra) and interim orders of the Hon'ble High Court in related matters in various W.Ps and the Government Memo No.7593/Ser.D/A2/2022, dated 02.12.2022 of the General Administration (SER.D) Department; Telangana, the Commission has decided to implement the Horizontal Reservation for Women candidates in all categories in the matter of direct recruitment for all the examinations which are conducted by the TSPSC after issuance of the Memo. The selections shall be subject to the outcome of final orders of the Hon'ble High Court in the related matter.”
6. The TGPSC has decided to implement horizontal reservation for women candidates in all categories in the matters of direct recruitment for all the examinations which are conducted by it after issuance of the Memo. No Writ Petitions are pending with respect to the recruitment of Professors, Associate Professors, and Assistant Professors in Forest
