Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Tel) 68259

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

Advocates:
For the Appellants/Petitioners: Ramesh Chilla
For the Respondents: P.S.Rajashekar

Governmental implementation of horizontal reservation for women in ongoing recruitment processes, when done to clarify and align selection criteria with judicial precedents, is legally valid and does not constitute arbitrary or retrospective legislation infringing on vested rights.

Headnote:(A) Constitution of India - Art. 14, 16, 19(g), 21 - Recruitment - Horizontal Reservation for Women - Implementation - Government Order/Memo - Retrospective vs Prospective applicability - Horizontal reservation is a special reservation that must be applied in accordance with the law laid down in Rajesh Kumar Daria v. Rajasthan Public Service Commission - Government Orders issued to clarify recruitment processes in alignment with judicial directions are not illegal or arbitrary merely because they affect pending selections - Clarificatory orders may apply to ongoing recruitment processes.

Facts of the case:
Petitioner applied for the post of Assistant Professor in 2022. Following a selection process, the petitioner was ranked first. However, the publication of the final selection list was delayed while the government adopted a policy of horizontal reservation for women in line with Supreme Court directions and subsequent High Court orders in other matters. The petitioner challenged the Memo that deferred the final list pending compliance with the new reservation policy.

Findings of Court:
The Court held that the government's actions were taken in compliance with judicial directions to implement horizontal reservation. Such implementation does not constitute an illegal or arbitrary act. Clarification of reservation policies to align with Supreme Court mandates is permissible even during ongoing recruitment.

Issues: Whether the implementation of horizontal reservation for women via government memos issued after the initial recruitment notification is legally valid and whether it can be applied to the ongoing selection process.

Ratio Decidendi: If a government order or policy change is essentially a clarification of the application of reservation principles consistent with binding judicial precedents (such as the Rajesh Kumar Daria case), it may be applied to pending selections without being deemed retrospectively unconstitutional or arbitrary.

Result: Writ petition dismissed.

Table of Content
1. factual overview of recruitment delay and challenge to government memos. (Para 1 , 2 , 3 , 4 , 10 , 11 , 12 , 13 , 14 , 15)
2. legal standard for applying reservation policies and prospective versus retrospective changes. (Para 5 , 6 , 7 , 8 , 9 , 16 , 17 , 18 , 19)
3. court's conclusion on the validity of implementing horizontal reservation. (Para 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 Prof

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2025 Supreme(Online)(Tel) 68259

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABADNamavarapu Rajeshwar Rao, JP.V.Shalini – AppellantVersusState Of Telangana – RespondentW.P.No.11342 OF 2024

Governmental implementation of horizontal reservation for women in ongoing recruitment processes, when done to clarify and align selection criteria with judicial precedents, is legally valid and does not constitute arbitrary or retrospective legislation infringing on vested rights.

Cases Referred (2)

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