HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 37490 OF 2014

O R D E R:

Petitioner’s case is that he belongs to Schedule Tribe Community hailing from Scheduled Area of Paloncha, Khammam District. He passed SSC and ITI (Fitter) with 529/700 marks and has been working as contract labour in O&M works in KTPS- V and VI stages since 1996. Earlier, he along with others filed Writ Petition No. 6371 of 2013 aggrieved by the action of respondents in filling up the posts of Junior Plant Attendant meant for Schedule Tribes with other communities while making appointments to the post of Junior Plant Attendant vide Memo dated 21-01-2002 pursuant to notification dated 02-02-1999 thereby depriving petitioner and the same is still pending.

While so, respondents issued Notification dated

05-01-2011 and Supplementary Notification dated 17-10-2011. The petitioner appeared for selection to the post of Junior Plant Attendant with Hall ticket No. 10100343. He got total 62.41 marks. respondents have finally issued provisional selection list in which cut-off mark in KTPS, V & VI stage, reserved for local STs is 64.73 whereas for LSHES, cut-off marks is 64.17. It is stated, as per the breakup of vacancies shown total 230 (153 General, 77 women) Vacancies earmarked for Local Scheduled Tribes in KTPS, V & VI-Stage are Notified. According to petitioner respondents committed violation of rule of reservation apart from procedure meant for recruitment. The instances are as follows:

Roaster Violations:

In KTPS, O&M against one backlog vacancy a local ST candidate with 81.89 marks selected at Sl.No.9, Roaster Point No.58, but he has to be selected against OC as Sl.No.44, Roaster Point No.5 OC vacancy a candidate with 81.87(BC-D category) selected. Similarly Sl. OC (G) Candidate Community No roaster marks belongs to

48 9 81.87 BC-D

50 11 81.84 OC

52 13 81.44 BC-B

54 15 81.34 OC

68 21 81.34 BC-D 65 26 81.29 BC-A

67 28 81.10 BC-A Whereas candidate at Sl.No.64, Roaster point No.25 with 81.27 marks selected against ST vacancy in KTPS, O&M

71 28 80.91 OC 75 36 80.8 SC 76 37 80.71 SC 79 40 80.69 OC 81 42 80.67 BC-E

85 46 80.60 OC Whereas candidate at Sl. No.72, Roaster point No.33 with 80.60 marks selected against ST vacancy in KTPS, O&M

87 48 80.5 OC

90 51 80.31 SC In KTPS V-stage at Sl.No.2, Roaster Point No.8 statewide list a candidate with 79.17 marks selected against ST vacancy.

92 53 78.37 BC-A 96 57 78.31 BC-B 100 61 77.63 BC-B 102 63 78.17 BC-A 106 67 78.1 BC-A 112 73 77.59 BC-B 115 76 77.60 BC-A 119 80 77.41 BC-B In KTPS(O&M) candidate at Sl.No.122 with marks 72.07 belong to local ST shown as selected against ST roaster vacancies. In LSHES – Local STs., Sl.No.2, Roaster Point No.2 a candidate belong to ST with 73.54 marks shown as selected against ST vacancies. In LSHES – Local ST Sl.No.3, Roaster Point No.3 a candidate with 73.44 local ST candidate selected against ST vacancies, though he is eligible to be selected and appointed against OC vacancy. In KTPS V&VI stage Local ST Candidate at Sl.No.5, Roaster Point No.5 with 78.13 selected against ST vacancies whereas they are entitled to be selected against OC vacancies in KTPS, O&M and KTPS V-Stage, as the notification is one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the same for all stations. Particulars are detailed below:

one and the sam