High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly in the nature of Writ of lVtandamus declaring the lmpugned G.O.Ms.No.104 of General Administration (SPF-A) Department of Government of Andhra Pradesh, daled 24.O3.2000 issued by Erstwhile State of Andhra Pradesh which is now Telangana State as arbitrary, illegal, unjust and against to the Article 14, 19 and 21 of Constitution of lndia and consequenfly set-a-side the same directing Respondents more particularly Respondent No.4 to consider recruitment applications of Petitioners in the ongoing notifications for fil{ing up of backlog vacancies basing on Bonafidr; ,lertificates of Petitioners without 1n ; sting for their Parents Nativity Certificate lA NO: 1 OF 2021 Petition under S ection 151 CPC praying that in the circu rnst:rrrces stated in the affidavit fileC in ; rpport of the petition, the High Court nraLy tr: pleased To SUSPEND the operr:tion of lmpugned G.O.Ms.no.104 dated ',>t1.03.2000 by directing the Ftespc r,dents more particularly Respondent Nll:.,1 1o consider recruitment app icatic r s of Petitioners in the ongoing notificati,lns c r filling up of backlog vacancies L,zrs;ing on Bonafide certificates of Petitioner w ithout insisting for their Parents Na:ir i1y Certificate pending disposal of above Writ [:,e,tition. Counsel for the Petit oners: SRI SUJITH JAISWAL counsel for the Res6.ondent No.1: sRl GADI PRAVEEN KUMAR, [ry,. Counsel for the Respondent Nos.2 & 3: SRI S.SUMAN, Gp FOR St:llVlCES-llt Counsel for the Respondent No.4: GP FOR REVENUE SOLICITOR GENERAL OF INDIA The Court made the lollowing: ORDER THB HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA W.P.No.4984 OF 2021 ORDER : (Per Hon ble Sri Ju.stice P.Sam Koshy) Heard Mr. Sujith Jaiswal, leamed counsel for the petitioners and Mr. S.Suman, leamed Government Pleader for Services III for respondent Nos.2 & 3. Perused the record.

2. -l'he challenge in the writ petition was primarily to the clause in the notification dated 27.02.2019 so far as the nativity ceftificate is concemed where in the instant case, the petitioners in terms ol Clause 4(c) were held to be native of that place where their parents belong whereas according to the petitioners, they have substantially studied in the city of Hyderabad and as per clause 4(a), they would be entitled to be considered for recruitments carried out in the city of Hyderabad by virtue of the long stay during the course of their studies in the city of Hyderabad.

3. On the previous date of hearing when the matter was taken up fbr hearing, the leamed Government Counsel informed the :{ / ./ 2 Court thar ry virtue of the interim relief, the petitic,ners had parlicitrratec[ and had been lound not eligible lc r t]re said recruitrnent. Disqualification of the petitioners is rLlr.ea 1y under challenqe lt .\,o separate writ petitions i.e., W.p.Nos.l.,l,55 and 17562 ol 2.1)23. At the same time, learned counsel fi1. .f e State had subrnitte c that even if we for a moment waive tht: i r:istence for a r-rativity ,:ertificate so far as the petitioners ar.e ,lonce r.ed, the fact that thr:., stand disqualified, nothing further re,iri,; ir.r this vvnt pet tiort rs ol now to be adjudicatecl upon. .fhe lJernc h on the said datr:, hi,r'e'er, lrave directed tlie Special Go'e.rrncnl I,leader to seek inst;--r;tions liom the Govemment as to whether a:. per the said nolifrcali,.ln, they will stitt be insisting uporL the nativity cerlifica-.e so [ar as the petitioners are concemcd. 1-o<1ay, the ieamed Gov emment Counsel upon instructions 1i.c,nt the authoriti,:s r,.,zl.es a statement that so far as the notificario,r of the recruitrnenl ll ocess in which the petitioners wero ,;e .eking participa.ton i; concerned, the nativity certificate rvor:ld nct be an issue and thr:'r, ..vill not insist upon the nativity ceftifir:atr: s, r far as 3 the petitioners are concemed in view of the interim direction passed by this High Court at the beginning.

4. In view of the categolical submission on instructions being made by counsel for the State, we are of the considered opinion that the said clause would not come in the way of the petitioners lor being considered for participation in the recruitment process, subject to they qualifiling the same' Hence, nothing further remains to be adjudicated upon.

5. As regards the disqualification of the petitioners 1S concemed, since it is already under challenge in a different writ petition, it would not open for the petitioners to avail appropriate remedies in the said pending writ petition so far as l ) disqualification is concemed. 1 )

6. The writ petition, accordingly, stands disposed of. There shatl be no order as to costs. It is made clear that this relaxation so granted by this Court as also by the State Govemment cannot be considered as a concession for any further recruitment process that would be initiated 4 CorLseqr.r:ntly, miscellaneous petitions pending, i1'ar.rl ' shall stand closed 1 . Torlal'. t amed State Counsel made a statemerlt tt'at the Govemm,:nthasdecidedintermsoftheorderoasserltythis Courtwhile.JeciclingI.A.No.lof202ir,thattheyrvolrl,crrotirrsist for the nativ it y ceftificate for the moment in the resllorlt ('f the petlttonel s //TRUE COPY// SD/. P.Ch. NAGAE} S$STANI HUSHAMBA REGISTRAR SEC'TION OFFICER To tice €rnC ial Jus 1. PrinciPal Secrtdary, Union Of lndia, lVlinistry of S \/r'ith Disabilities Empowe "ment, Department of EmPowerment of ersons Divyanglan 2.r he Cornmissicner' State Of Telang ana, For the Welfare of Distrbled and Senior Citizenr; vik alangula Sankshema Bhavan, Na lgonda C nrss Roads, Hyderab'rd, T t :lang ana State-500 036 3. The Assistan'l [)irector, Welfare of Disabled and Senior Citi;lerrs [/l-4, Exhibitior Gn: unds. Ne ar Ajanta Gate, Iiil.J. Road, NampallY, l{)rdsr"rt,d, Telanoana-SO ) 001 . iili'oYJi:ilt ci it tlctor, Hvderabad District' Telansana State oiI,"iciJ's':iqu.irt111t2gft h$$Xfi :5rt"JJ'-"JrroRG,:r,rERALoF One CC lo SF I GADI PRAV i-?ttt]lyii t' FoR sERVIcES-lll, Hish court for the state ol relansana' at i}/x"s'"'s* ,!?!r-J* REVENUE, Hish court for the State of -r Hvderatad. [- Two CD Cooi; € lansana', at 4_ 5. 6. UT]

7. B. I PSK. GJP HIGH COURT DATED:1810212025 I ORDER WP.No.4984 of 2021 J(

01.,1, il|i t D SnL 1r;'rt O --===.- / DISPOSING IOF THE WRIT PETITION WITHOUT COSTS ( \ ) ,tyt