High Court · 2025

Petition under Article 226 of lhe 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 fiore particularly one in the nature of Writ of MANDAMUS to declare the Rule 5 category 3 (ll) of Scheduled Caste Development Department Sqbordinate Servlice Rules issued in G.O Ms. No. 13 Schedule Caste Development Services Department dated 16:08.2022 providing qualification of Bachelor of Education B.Ed lfrom a university in lndia contrary to the amendment issued to Andhra Pradesh Social Welfare Sub Ordinate Service Rules issued in G.O.Ms.No.189 dated 31,,12.1997 vide G.O.Ms.No.20 Social Welfare Department dated 28.02.2004 wherqin deleting the B.Ed for Promotion to the post of Hostel Welfare Officer Grade ll irom Class lV category of employees working in Social Welfare Department is illegal arbitrary and unconstitutional and set aside the same with a consequential direction to the 1st respondent to consider the claim o' the petitioner for amendment to the Rule 5 category 3 (ll) of Scheduled Caste Dervelopment Department Subordinate Service Rules issued in G.O Ms. No. 13 Schedule Caste Development (Services) Department dated 16.08.2022 providinil qualification of Bachelor of Education B.Ed from a university in lndia of promotion to the post of Hostel Welfare Officer Gr-ll Male from the category of Class-lV employees duly taking into consideralion of G.O.Ms.No.20 Social Welfare Dep;:rtment dated 28.02.2004 and to consider the claim of the petitioner for promction to the post of Hostel Welfare Officer Grade-ll in the existing available va:ancies on par with others with all consequential benefits. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of tfe petition, the High Court may be pleased pleased to direct 1"t respondent to consider the claim of the petitioner for amendment to the Rule 5 category 3 (ll) of Scheduled Caste Development Department Subordirate Service Rules issued in G.0 Ms. No. 13 Schedule Caste Development Serv ces Department dated 16.O8.2022 wherein providing qualification of Bachelor of Education (B.Ed) from a university in India for promotion to the por;t of Hostel Welfare Officer Gr-ll (Male) from the category of Class-lV employeer; duly taking into consideration of G.O.Ms.No.20 Social Welfare Department daled 28.O2.2O04 by disposing of his representation dated 26.12.2023 and to c,:nsider the claim of the petitioner for promotion to the post of Hostel Welfare Offir;er Grade-ll in the existing available vacancies along with others. Counsel for the Petitioner : SRI NAYAKAWADI RAMESH Counsel for the Respondents: SRI G.SUMAN, GP FOR SERVICES lll The Court made the following: ORDER THE HONOURABLE SRI JVSTTCE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE S. CHALAPATHI RAO WRIT PETITION N .23427 0F 2024 .QBDEB' (per Hon'ble Sri Justice P.San4Koshy) Heard Mr. N. Ramesh, leamled counsel for the petitioner and Mr. G. Suman, learned Govemlnent Pleader for Services-lll, appearing for the respondents. Peruspd the record.

2. The instant writ petition has bpen filed aggrieved by the Rule 5 category 3 (ll) of Scheduled C4ste Development Department Subordinate Service Rules issued vide G.O.Ms.No.13, Schedule Caste Development (S ervi ces) Depafiment, dated I 6.08.2022.

3. The grievance of the petiltioner was that the earlier recruitment that was in force i.e., Andhra Pradesh Social Welfare Sub Ordinate Service Rules fortifiod vde G.O.Ms.No.189 dated

31.12.199'l , the qualihcation for appointment to the post of Warden Grade II by way of promotion from the category of Class IV employees of Social Welfare Hostels, was "Graduation with B.Ed., 8.T., Degree of any Univ$rsity of India established or incorporated by or under Central Act, Provincial Act or a State Act or any Institution recognized by the Union Grants Commission,,. The said Ru es stood amended on 28.02.2004 vlde G.O.Ms.No.20 dated 28.02.1004, wherein, the requirement of '(iraduation with B.Ed., B.T., )egree'was removed and the requirement only was to be a 'Graduate'. According to the petitioner, in terms of this amendment that took place in the year 2004,he became eligible for the post of W arden Grade II by way of promotion.

4. Hower er, vide the impugned notification i.e., G.O.Ms.No. l3 dated I6.08.2022, the new State of Telangana has framed a new set of rules in supersession of all the earlier rules in lbrce known as "The Telan6,ana Scheduled Castes Development Department Subordinate liervice Rules, 2022". The nomenclature of the post of Warden Grade II has been changed to Hostel \\'elfare Officer. In the new Rrrles that have been framed by the State of Telangana, they have rolled back the requirement and eligibility criteria to what it was as per G.O.Ms.No. 189 dated 31.12.1997 i.e., "Bachelor's l)egree df any University of India or an equivalent qualification rnd must possess a Degree in Bachelor Education (B.Ed) from any University of India", which qualification the \ 3 petitioner does not have and he is sirnpty a graduate degree holder. It is this rule that the petitioner intBnds to challenge keeping in view the earlier amendment that was pade by the Government vide G.O.Ms.No.20 dated 28.02.2004.

5. Today, when the matter is tqken up for hearing, leamed counsel for the petitioner submits that as ofnow, he does not intend to pursue the writ petition, rather wants this Court to only refer the matter to the State Govemment with a direction to the respondents to take a decision on the detailqd representation which the petitioner had made on26.12.2023 and the reminders that he had made subsequently

6. Learned Govemment Pleader for Services-Ill states that since the petitioner is not pressing thp writ petition as of now, the State does not have any objecti$n in proceeding with the representation which the petitioner had made, strictly in accordance with law. 7 . In view of the same, we do not intend to keep the writ petition pending. Accordingly, the Slrit Petition stands disposed of with a direction to respondent No.1 tq take appropriate decision on 4 the pending representation that the petitioner had made on

26.12.2023, along with the subsequent reminders, within an outer limit of six r'06) weeks from the date of receipt o1'a copy of this order. There shall be no order as to costs. Conserluently, miscellaneous petitions pending, if any, shall stand closed. SD/-A. SRINIVASA REDDY ori\i ANT REGISTRAR /ITRUE COPY// i S CTION OFFICER To, 1 2 J 4 5 6 The PrinciS,al Secretary, SC Development Department, Secretariat Buildings, State Of Telangana, Hyderabad. The Comrnissioner, SC Development Department, State of Telangana' Hyderabad. The District Collector SCDD, Jayashankar Bhulapallv District The District SC Development Officer, Jayashankar Bhulapally District' One CC to SRI NAYAKAWADI RAMESH Advocate |OPUCI Two CCs i,: GP FOR SERVICES lll, High Court for the State of Telangana. [OUT] 7 Two CD Qrtpies. BSK BS I -,:. .,, sL{ ,6 o o f 2 5 AU0 206 t! ) L'l \ \. ,.: t-, ii l -// HIGH COURT DATED:0610812025 ORDER WP.No.23427 of 2024 DISPOSING OIF THE WRIT PETITION WITHOUT COSTS \ v '1"',