High Court · 2025
Case Details
Acts & Sections
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 a Writ, Order or Direction more particularly one in nature of a Writ of Mandamus, declaring the action of Respondents in unilaterally rejecting the application of the petitioner vide No.EWS022300483668 dt.22.12.2023 allegedly on d1.31.08.2024 i.e., after completion of financial yea( 2023-24 and without assigning any specific reason for the same as illegal, arbitrary, against the Principles of Natural justice, in violation of Articles 16 and 21 of the lndian constitution and consequently to direct the respondents to consider the case of the petitioner and issue Economically weaker section(EWS) certificate valid for the year 2023-2024 thereby providing opportunity to the petitioner.to submit all the relevant documents by considering the fact that the petitioner was issued with EWS certificate valid for the year 2021-2022 and 2o24-202s, inorder to entifle the petitioner to claim reservation earmarked for EWS in notification vide No. o212o24, dt.19.o2.2024. 1A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 to consider the candidature of petitioner under EWS category for the further recruitment process in the recruitment notification vide No.O212024, dt.19.02.2024 issued by Telangana State Public Service Commission. Counsel for the Petitioner: SMT. RACHANA REDDY, SENIOR COUNSEL FOR Counsel for the Respondent Nos.l TO 4: GP FOR REVENUE Gounsel for the Respondent No.5: SRI P.S.RAJASHEKHAR, SC FOR TGPSC SRI MOHD BASEER RIYAZ The Court made the following: ORDER i I I I i i I i : I i i I I I HON'BLE SRI WSTICE C.V. BTIASI{AR REDDY WRIT PETITION No. 99OO of2025 ORDER: This writ petition is filed seeking to declare the action of the respondents in rejecting the application of the petitioner uide No.EWSO2230O483688, dated 22.12.2029 and communicating the said order on 3I.O8.2O24, i.e., after completion of financial year 2023-24, without assigning any spccific reasons for the same, as illegal, arbitrary and consequently, prayed this Court to consider the case of the petitioner and issue Economicaily Weaker Section (EWS) Certificate for the hnancial year 2023-24 and for other appropriate reliefs.
2. Considered the submissions of the learned counsel for respective parties and perused the record
3. It is stated that the petitioner is working as a Senior Assistant in the Revenue Department and he belongs to economically weaker section of the societ5r. It is further stated that he made an application for issuance of EWS Certifrcate through Meeseva uide application No.EWS0223OO483688, dated
22.12.2023, which is valid for the year April, 2023 to March, 2 2024, to enable him to receive various incentives and also to appear for Group-l examination which has been notified by the Telangana State Public Service Commission vide Notification No.O2/2O24 dated 19.02.2024. It is further stated that even though the petitioner fulhlled al1 the conditions lor issuance of EWS certihcate, the respondents unilaterally rejected the said application on 31.08.2024 i.e., after more tharr eight months from thc datc of application, that too without assigning arry reasons. The grievance of the petitioner is that he appeared for Prelirns examination ernd also qualified for the main examination and since thc notification is issued <>n 79.O2.2O24, it is mandatory to possess the EWS valid for the year 2023-24 and as such prays this Court to direct the respondents to consider his case for issuance of EWS Certificate valid for the Iinancial year 2023-24.
4. Smt. Rachana Reddy, Iearned Senior Counsel appearing for the petitioner has vehemently contended that except rejecting the application submitted by the petitioner for issuance of IDWS Certihcate, no reasons whatsoever have been assigned by the respondcnts it is further contended that the respondents, having verified all the records relating to the petitioner's status that the petitioncr is working as Senior I I 3 Assistant in the Revenue department and is eligible for issuance of EWS Certificate, have rejected the application for the year 2022-23 and communicated the s€une on 31.Oa.2O24, that too, \ after completion of the financial year 2023-24.
5. In view of the aforesaid facts, since the respondents have not assigned any valid reasons for rejecting the application submitted by the petitioner for issuance of EWS Certifrcate for the financia-l year 2022-23 and communicated the sarne on
31.08.2024 i.e., after competition of financial year 2023-24, this Court, without going into the merits of the case, is of the opinion that the said rejection order is liable to be set aside and is accordingly set aside. Further, the respondents are directed to re-examine the application submitted by the petitioner uide application No.EWS022300483688, dated 22.12.2023 for issuance of EWS Certificate in order to enable the petitioner to claim reservation earmarked for EWS vide Notilication No.O2 /2024 dated 19.O2.2024. Tlne said exercise shall be completed within a period of hfteen (15) days from the date of receipt of a copy of this order. 6 With the above observations, this Writ Petition is disposed of. No order as to costs I To .*r. 4 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. /TTRUE COPY// I j SD/.A.V.S.PRASAD REGISTRAR lPuTY JJ"r,o* *r,"=*F ,
1. The principal secretary, Revenue Department, state secretariat, Hyderabad, State of Telangana -500 022. 2. District Collector, Siddipet District. 5. i6d n"r*re oiuisondt Officer, Siddipet Rural Mandal, Siddipet District' +. tne fansltOar, Siddipet Rural Mandal' Siddipet District' ri. iii" s"Ci"t"w, ielangana State Public Service Commission, Nampally, o. bie-cd to sRl MoHD BASEER RIYAZ, Advocate [o-PUC] - 7. iil ccs to cp FoR REVENUE, High court for the State of Telangana, at s oire-c-C to sht p S.RRLASHEKHAR, sc FoR TGPSC [oPUC] 9. Two CD CoPies Hyderabad. [OUT] Hvderabad. PSK./BSK @^ HIGH COURT DATED:0210412025 ORDER WP.No.9900 of 2025 I I CC TODAY 1Y\E S141 (, 0 0 APn 2u5 ( q -J o o t ,< ( .i.- ,\t _ - '- ": tt4 t"' )"' DISPOSING OF THE WRIT PETITION WITHOUT COSTS