HIGH COURT FOR THE STATE OF TELANGANA ********

WRIT PETITION NO.13872 OF 2024 Between :

Masanipally Arjun, s/o.Masanipally Vittal, Aged about 26 years, occu: Student, R/o.3-11/2, Anthergaon, Kalher Mandal, Anthergaon, Sirgapur, Medak, State: Telangana and another.

…. Petitioners and The State of Telangana, General Administration Department, Secretariat, Hyderabad, rep.by its Chief Secretary and others.

…. Respondents DATE OF JUDGMENT PRONOUNCED : 26.08.2025 HON’BNLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

1. Whether Reporters of Local Newspapers : Yes may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals

3. Whether Their Lordship wish to : Yes see the fair copy of the Judgment ? __________________________________ SUDDALA CHALAPATHI RAO, J * HON’BNLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO +WRIT PETITION No.13872 Of 2024 %26.08.2025 Between:

# Masanipally Arjun, s/o.Masanipally Vittal, Aged about 26 years, occu: Student, R/o.3-11/2, Anthergaon, Kalher Mandal, Anthergaon, Sirgapur, Medak, State: Telangana and another.

…. Petitioners Vs.

$ The State of Telangana, General Administration Department, Secretariat, Hyderabad, rep.by its Chief Secretary and others.

…. Respondents !Counsel for the petitioners : Mrs. Samhitha Devara Counsel for the Respondents : Mr. S.Rahul Reddy, learned Special Govt.Pleader rep. respondent Nos.1 and 2;

Mr. P.S.Rajasekhar for respondent No.3

>Head Note:

? Cases referred:

(2007) 8 SCC 785; 2010 (12) SCC 204; (2017) 4 SCC 357; (1987) 1 SCC 378 (2018) 9 SCC 100 HON’BNLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.13872 OF 2024 ORDER: (per Hon’ble Sri Justice Suddala Chalapathi Rao)

Initially, the above writ petition is filed by petitioners seeking direction to the respondents herein to follow the principles of horizontal reservation for special reservations i.e., persons with disabilities without embarking any roster points for them and consider the petitioners for appointment for the notification No.2/2024 dated 19.02.2024. The learned single Judge of this Court, after hearing the arguments of the petitioners and the respondents, was pleased to grant interim order vide order dated 12.06.2024 directing the respondents to follow the principle of horizontal reservation for special reservation i.e., persons with disabilities without embarking any roster points for them and consider the petitioners for appointment. It is further submitted that subsequent to the said interim order, the respondents have announced the result on 07.07.2025 and the respondent No.3 filed a vacate petition vide I.A.No.3 of 2024 on 22.07.2024 and the respondent Nos.1 and 2 filed vacate petition on 22.09.2024. The petitioners subsequently have filed an application for amendment of prayer vide I.A.No.5 of 2024 on 18.12.2024 challenging the Rules, more particularly, Rule 22 Sub-rule (2) (b) and (e) of the Telangana State and Subordinate Service Rules, 1996 (for short, Rules, 1996), which was brought into existence vide G.O.Ms.No.96 General Administration (SER.D) Department, dated 22.07.2019 and the petitioners sought to declare the same as unconstitutional and also violative of the judgments of the Hon’ble Apex Court and also the judgments of this Hon’ble Court. In view of the same the said writ petition is listed before us.

2. It is further submitted by the writ petitioners that in the case of Rajesh Kumar Daria v. Rajasthan Public Service Commission and others, (2007) 8 SCC 785 and Public Service Commission, Uttaranchal v. Mamta Bisht, 2010 (12) SCC 204 wherein the special reservations that of the women and other persons with disabilities i.e. special category persons, the rule of reservation shall be followed horizontally and not vertically and in the instant case, the Rule 22(2)(b) & (e) of the Rules, 1996 are violative of the above judgments and the respondents in deviation to the