The 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 an appropriate writ, order or direction especially one in the nature of a Writ of Mandamus, declaring the action of the respondents in not taking action on petitioner Representation, dated. OglO7t2O23 to consider our cases against 1370 unfilled vacancies of Police Constables / Telangana State Special Police, pursuant to the Notification No.88/RecUAdmn.l/2018, dated. 3110512018 on par with the Petitioners in W.P.No.14926 oI 2020 which is affirmed by the Honourable Supreme Court in Civil Appeal No(s). 4375 of 2022, dated. 2311112022 as illegal and arbitrary, violative of Articles 14, 16 and 21of the Constitution of lndia and consequently direct the respondents to take action on our Representation, dated . Ogl}7l2023 to consider our cases against 1370 unfilled vacancies of Police Constables / Telangana State Special Police, pursuant to the Notification No.88/RecUAdmn.ll2018, dated. 3110512018 on par with the Petitioners in W.P.No.14926 of 2O2O which is affirmed by the Hon'ble Supreme Court in Civil Appeal No(s). 4375 of 2022, dated. 2311112022. l.A" NO: 1 OF 2023 . 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 respondents to take action on our Representation, dated. Ogl97l2023 to consider petitioner cases against 1370 unfilled vacancies of Police Constables / Telangana State Special Police, pursuant to the Notification No.88/RecUAdmn.l/2O18, dated. 31105t2018 on par with the Petitioners in W.P.No.14926 ot 2O2O which is affirmed by the Hon'ble Supreme Court in Civil Appeal No(s). 4375 of 2022, dated. 2311112022, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI S.SHARAT KUMAR Counset for the Respondent No.1: GP FOR HOME Counsel for the Respondent No.2: SRI C.RAJA SEKHAR REDDY, SC FOR TGSLPRB The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TI{E HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.21964 of 2O23 DATE: 23.L2.2O25 BETWEEN: Nallap,u Vikram and others And The Si:ate of Telangana, Rep b'y its Prl. Secretary to Government, Home Department, Secretariat, Hyderabad and another ...Petitioners Respondents ORDER Heard Sri S. Sharath Kumar, learned counsel appearing on behalf of the petition.ers, learned Government Pleader for Home appearing on behatf of the rrgspordent No.1 and Sri C. Raja Sekhar Reddy, learned standing counsel for Telangana state Level i- , 2 I 4 I I I 2 SNrJ W.P.No.21964 ot 2023 Police Recruitment Board appearing on behalf of the respondent No.2.

2. The petitioner aporoached the Court seekinq Draver as under: "......for the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction especially one in the nature of a Writ of Mandamus, declaring the action of the respondents in not taking action on petitioners' Representation, dated: 09.O7.2023 to consider our cases against L37O unfilled vacancies of Police Constables / Telangana State Special Police, pursuant to Notification No.88/Rect/Admn.IlzOLB, dated: 31.05.2018 on par with the Petitioners in W.P.No.L4926 of 2O2O which is affirmed by the Hon'ble Supreme Court in Civil Appeal No(s). 4375 of 2022, dated: 23.LL.2O22 as illegal and arbitrary, violative of Articles 74, 16 and 2L of the Constitution of India and consequently direct the respondents to take action on our Representation, dated: 09.O7.2023 to consider our cases against t37O unfilled vacancies of Police Constables / Telangana State Special Police, pursuant to the Notification No.88/Rect/Admn.I/2018, dated: 31.05.2018 on par with the Petitioners in W.P.No.L4926 of 2O2O which is affirmed by the Hon'ble Supreme Court in Civil Appeal 3 SN,' W.P.No.21964 ot 2O23 No(s). 4375 of 2022, dated i 23.LL.2022 and pass such other or fufther orders as are deemed fit and proper." 3 underi i) -Ihe petitioners applied for the post of Stipendiary Cadet Trainee (Police Constable - CiviUTSSP) pursuant to Notification No.BB/Rect./Admn.ll20t9 dated 31.05.2018 issued by the Telangana State Level Police Recruitment Board, The petitioners were fully eligible, and had participated in al! stages of the selection process, and securerd marks above the cut-off, but the petitioners' names were omitted from the final merit list dated 24.09.20L9. ii) 1-he Recruitment Board subsequently admitted that L,370 vacancies under the same notification remained unfilleC. In W.P. No.14926 of 2020, vide order dated

14.06,202t, similarly situated candidates were directed to be appointed, and the said judgment was affirmed by the Apex court vide order dated in civil Appeal No.4735 of 4 SNrJ W.P.No.21964 of 2O23

2022. However, the benefit was confined onry to the petitioners in that case. iii) The present petitioners submitted a representation on 09.07 .2023 seeking consideration aga:inst the leftover vacancies, but no action has been taken. Aggrieved by the same, the petitioners approached this court by filing the present writ petition.

4. PERUSED THE RECORD A) extracted hereunder: "14. Accordingly, the Writ petition is allowed. The respondents are directed to consider the cases of the petitioners for appointment to the post of police constables in the unfilled vacancies if they are the next meritorious candidates to the selected candidates as per the merit list." B) \ : 5 SN,J W.P.No.2l964 ot 2023 ,, hereunder: "Learned counsel also seeks to rely upon the judicial precedent in "Munja Praveen and Ors. Vs. State of'Telangana and Ors." reported as (2017) L4 SCC 797, where while interpreting the concept of fall out vacancies, if any, due to relinquishment and non- joining, it has been opined that the appropriate inLerpretation of the GOM would be that after the appointment order is issued and the appointed person dcles not join, then the vacancy cannot be filled in on the basis of the waiting list or by operating the merit list downward. Lastly it is urged that the Couft has taken care of the scenario where a person has joined and left as those vacancies are to be carried forward. We have heard learned counsel for the parties in the conspectus of the aforesaid submissions and find to interfere with the concurrent findings of ocr F€dsofl the two Courts below. The manner of interpreting the rule in question has already been set out in Munja Praveen case (Supra). If a- candidate has not gone th;rcugh the process of recruitment, he has not done wtrat was required to be done by him as set out herein above, it cannot be construed as a vacancy arising which has to be carried forward to the next recruitment 6 SNrJ W.P.No.21954 of 2O23 process. As to the consequences of the large number of vacancies which have remained on these different accounts, the details of which have been set out herein above, again lend suppoft to this conclusion that a large part of the process is hot frustrated. by not filling up of the vacancies. Public employment is an impoftant source of employbility for young people in the country where we are facing problems of adequacy of jobs; An interpretation of the kind sought to be propounded by the appellants would go against the very ethos of providing public employment to persons eligible and meritorious, by construction of a rule in a manner leaving a large number of vacancies unfilled. This would not be an appropriate interpretation. We are thus in agreement with the view adopted and accordingly dismiss the appeal leaving pafties to bear their own costs. Interim order(s) stands vacated."

5. It is the specific case of the petitioners that, by way of a detailed individual representation dated 09.07.2023 addressed to the respondents herein, the petitioners requested to fill up the unfilled 1,370 vacancies pursuant to Notification No. BB/Rect./Admn .r/zol9 dated 31.05.2018 *\ 7 SNrJ W.P.No.21964 ot 2023 issued by the Telangana State Level Police Recruitment Board,, duly taking into consideration the judgment dated

14.06,202t passed in respect of similarly situated persons in W.P. No. 14926 of 2020, which was cqnfirmed by the Apex Court vide its judgment dated 23.LL.2022 passed in Civil A,ppeal No. 4735 of 2022, but however the same had not been considered as on date.

6. 'l-he limited relief as sought for by the petitioners in the present writ petition is a direction to the respondents to consider the grievance of the petitioner as put forth vide petitioner's representation dated 09.07.2023 to fill up the L37O unfilled vacancies pursuant to Notification No.B8,tpsct./Admn.IIZOLB dated 31.05.2018 issued by the Telangrana State Level Police Recruitment Board on par with the pertitioners in W.P.No.t4926 of 2020 which is affirmed by the Apex Court vide its judgment dated Z3.tt.ZOZ2 passecl in Civil Appeal No.4735 of 2022.

7. lLearned counsel appearing on behalf of the petitioners submit that the subject issue in the 8 SN,J W.P.No.2l964 of 2O23 present writ petition is squarely covered by the order of this Court dated LZ.L2.ZO2S passed in W.P.No.2}4ZO of 2023.

8. Learned standing counset appearing on behalf of the respondent No.2 does not dispute the said submission made by the rearned counser appearing on behalf of the petitioners. I a) The aforesaid facts and circumstances of the case, b) The submissions made by the rearned counser appearing on behalf of the petitioners and the learned standing counsel appearing on beharf of the respondent No.2, c) The contents of the representation submitted by the petitioners dated Og.Ot.ZOZ3. d) The order of this court dated 14.06.20.21 passed in w.P.No.L4926 of 2o2o (referred to and extracted above), 9 SN,J W.P.No.21964 ot 2023 e) The judgment of the Apex Court dated 23.11..2022 passed in Civil Appeal No.4735 ot 2022 confirming the order of this Court dated L4.O6.2OZL passed in W.P.No. L4926 of 2O2O .(referred to and extracted above), f) The discussion and conclusion as arrived at I paragraph Nos.S to 8 of the present order, 10 SN,J W.P.No.21964 of 2O23 said representation to the petitioners herein. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY/ Sd/.A.H.S. GOWRI SHANKAR ASSISTANT OFFICER To,

1. The Prl. Secretary to Government, Home Department, Secretariat, Hyderabad, State of Telangana.

2. The Chairman, Telangana State Level Police Recruitment Board, Telangana State Police Head Quarters, Lakdikapool, Hyderabad. 3. One CC to SRI S.SHARAT KUMAR, Advocate [OPUC] 4. One CC to SRI C.RAJA SEKHAR REDDY, SC FOR TGSLPRB tOpUCI 5. Two ccs to GP FoR HOME High court for the state of relangana, at Hyderabad [OUT]

6. Two CD Copies BSR PMK W 4 CC TODAY HIGH I}OURT DATED: 2311212025 ORDER WP.No.2I964 of 2023 o o t * '.J ') il" rF 2 B l-l[i\ 2$26 Z G) .L * SP,,S. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS J-xs zel/zs