The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Couft may be pleased to direct the respondents not to finalize the Selection with regard to One (01) post of Hostel Welfare Of ficer, Grade-l which was allotted to Zone Vll Jogulamba vide Addendum Web Note daled 2810612024, in terms of earlier Notification No.2512022 daled 2311212022 o'f the TSPSC, or in the alternate direct the 2nd Respondent to conduct the written examination for the post of Hostel Welfare Officer, Grade-l earmarked for OC (G) in Zone Vll of Jogulamba as per addendum dated 2810612024 by issuing a fresh notification by duly considering representations dated O5lOll2O24, 0810712024 and 1810712024 of the petitioner lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents, not to fill up the vacancy in the cadre of HWO Gr-l allotted to Zone Vll Jogulamba in pursuance to Addendum Web Note daled 281OG12024, rlw further process of selection initiated vide Web Notes dated A111112024 Counsel for the Petitioner: SRl. SIVARADHAKRTSHNA VENKATESWARA SARMA GANGA RAJU Counsel for the Respondent Nos.1&3 to 5: GP FOR SERVICES lll Counsel for the Respondent No.2: SRI P.S. RAJASEKHAR SC FOR TSPSC The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 24L75 ot2O24 ORDER: The present Writ Petition has been filed for the following relief: "....to issue a particularlg one wit, order or the nature direction more of Wit of MANDAMUS:- (a) Bu dectarinq the entire action of the respondents, particularly the action of the 2"a respondent proceeding to ftl.l up the One (01) post of Hostel WelJare Offtcer GradeJ, u.thich is allotted to Zone VII Jogulamba for tLrc candidotes belonging to OC (G) as per the reuised break up uacancies, subseqtLent to the notiJication No.25/ 2022 daLed 23/ 12/ 2O22, u-tith the same candidates u.tho appeared for uLitten the peiod exonination conducted duing 24/ 06/ 2024 to 29/ 06/ 2024 tltithout tssutng o fresh notification for such, uacancA notified bg the 2"d Respondent uide Addendum Web Note dated 28/ 06/ 2024, to Zone VII JoguLamba belonging to OC (G) (to enable the peti.tioner to applA for the said post), despite making representa.tions bg the Petitioner dated O5/07/2024, O8/07/2O24 ond t 8/ 07/ 2024 us tllegat and in uiolarion of Articles t 4 and 16 of the Const[tution of India. (b) Further hold that the petitioner is entitled for opptying for the posL of Hostel Welfare Officer, Grade I as per the reuised break-up of uacancies peftaining to tlle sctid post of OC (G) a,s conueyed through Addendum Web Note dated 28/06/2O24 of tlrc Secretary, TGPSC, apart from on the ground that 2 he belongs to Zone VII Jogulamba ond is meeting the reuised etigibilitA citeio and requisite qualif.cct.ti.ons for tl'te post of HWO, Grade-[. (c) and consequentlA to direct the responden.ts t() issue tlrc notiJication cLfresh for inuiting the apphcations from the eligible candidates of OC (G) agoitTst tlrc reuised break-up of uocancies of Hostel WeAare Offcer GrcLde-I and to suspend the u)ritten exantination conducted from 24/06/2024 to 29/()6/2024, against the Nottfication No.25/2022 dateci 23/ 12/ 2022 to the candidates applied for the post of Hostel Welfare Officer, Grade-I eannarked to the candidates belonging to OC (W) to tl'te e,rtent of One (01) post allotted to Zone VII, Jogulamba, and to pas-s... "

2. Heard Sri Sivaradhakrishna Venkatesu.ala Sarma Ganga Raju, learned counsel for the petitioner, learned Government Pleader for Services-lll for respondent Nos.1, and 3 to 5, and Sri P.S. Rajasekhar, learned Standing counsel for TSPSC for respondent No.2.

3. l.earned counsel for the petitioner submlts that the 2na respondent issued a recruitment Notification No.25 / 2022, dated

23.12 .2022, for filling up 584 vacalcies of dilferent cadres, including the C)ne (O1) post of Hostel Welfare Officer Grade 1 (HWO Gr-l), allotted to the candidates belonging to OC(W) of Zone VII Jogulamba. Subsequent to the issuance of the Notification No. J 2512022 dated 23.I2.2022, the 2d respondent issued an Addendum Web Note dated 17.02.2O24, which, reads as follows: "It is hereby infonned that, in compliance of the orders of the Hon'ble Supreme Court in the case of Rajesh Kumar Daia Vs. Rajasthan Public Seruice Commission [2007 (8) SCC 785] and inteim orders of the Hon'ble High Court in related matter in uorious W-P.s the Gouernment hcrs issued. orders through Memo No.4981/ Ser.D/ A2/ 2023, GAD, Dated O1/02/2024, G.O.Ms.No.O3, WCD&SC (prog I), Dated 10/02/2024 and GOMS No.35 GAD (SerD) Dept. Doted 13/ O2/ 2024. Hence the Commission u.tould implement the Horizonta\ Reseruation for the Women Candidates in all categoies in the matter of direct recruitment for atl the ongoing recnitments. The selections shall be subject to the outcome of Jinol orders of the Hon'ble High Court in the related matter." 3(i) Learned counsel for the petitioner further submits that the 2nd respondent issued 2"'t Addendum web note dated

28.06.2024 to the Notificatton No.2512022, dated 23.12.2022, which reads as follows "It k herebg infonned to the candidotes tuho haue applied for the posts of Hostel Welfare OlJicer Gr 1 in Tribat Welfare Department; Hostel Welfare Officer Gr Il in Tibal Welfare Deportment, Scheduled Caste Deuelopment Department, BC Welfare Depantment, Wctrden Gr-1 & GrJI, Matron Gr l, & Gr ll in Director of DisabLed & Senior Citizens Welfare and Ladg Supeintendent Children Home tn Women I I I I It I I l 1 ; : I 1 I IiI I I I I I 1 Deuelopment ClLild Welfare Department uide NotiJication No.25/ 2O22, Dt. 23.12.2022 thctl, the Gouernment had issued G.O. Ms-No.3, Depoftment for Women, Children, Disabled oftd Sen[or Citizens (Prog.I), Dt:1O.O2-2024 and G.O.Ms. No.35 General Adminislrution (Ser.Dl Deparlment. Dt. t3.0).2ttl I t,, tmpl<:ment the Horizontal Reseruation for uornett in. selecl ion process. In uieu of the aboue Gouernment Orders, the Reuised Brea.k up of uacancies periaining to the aboue posts utde Notiftcation No.25/ 2022, Dt.23/ 13/ 2022 for 581 uacancies s auailable on the Comtnission's Websirr- https:/,/ r uutut.I sosc.gou. in The other NotiJi.ctttion unchanged" conditions and fo, the aboue infonnation posls tuill in th<z rem.a.irt 3(ii) l,earned counsel for the petitioner further submits that the two amendment web notes of the 2"a respondent, dated

17.O2.2024 arrd 28.06.2024 were subsequent to the issuance of the Notification No.2512O22. Vide the 2.d amendment Web Note, the revised break up of vacancies pertaining to thc posts notified through Notification No.2512O22, dated 23.12.20'22. As per the revised break up of vacancies uptoaded on the Commission's website on 28.06.2024, the One (01) post of HWO Gr-l allotted to Zone YII Jogulamba has now been earmarked to OC(G), which was ea-rlier earmarked to OC (W). Due to the said change in earmarking the one (0 1) post of HWO Gr.I, the 2nd respondent is required to ) invite the applications afresh from the eligible candidates of OC (G) by notifying the said revised vacancy of HWO Gr-l by issuing a fresh recruitment Notification. Contrar5z to this, the 2"d respondent proceeded further to fiil up the One (0 1) post of HWO Gr-l that is now allotted to OC (G) with the candidates applied earlier against the post of OC (W) notified .",ide Notification No.25/2O22, dated

23.12.2022, which is highly illegal, arbitrary and contrary to the orders issued by the Government through Memo No.4981/Ser.D/ A2 12023, GAD, dated O1.O2.2024, G.O.Ms.No.03. WCD&SC (prog-l), dated 10.02.2024 and G.O.Ms. No.35 GAD (Ser-D) Department, dated 1 3.02 .2024 , and in violation of Articles 1 4 and i 6 of the Constitution of India. 3(iii) Learned counsel for the petitioner further submits that aggrieved by the aforesaid action of the 2"a respondent, the petitioner, though eligible to apply for the said vacancy, could not apply due to non-issuance of fresh Notilication by the 2"4 respondent. The petitioner submitted his online grievance to the 2"4 responcient on 05.07.2024 and a hard copy of the said grievance petition was sent to 2rrd respondent on 08.07.2024 through registered Post and a copy of the same was handed over in person on 18.07.2024. Till date, the 2nd respondent has not responded to the said communications of the petitioner. Moreover, the 2'd 6 respondent proceeded further by conducting the w.ritten examination to fill up the One (01) post of HWO Gr I to the same candidates who had applied earlier against t he Notification No.25/2022, clated 23.12.2022. Hou,ever, the l)ost is no\,\, earmarked to OC (G), which is as highly illegal. 3(iv) Learned counsel for the petitioner further submits that it is a settled proposition of law that the po\ er 'ested ivith the authorities has to be exercised honestiy, bona ficlery; the same is mala fide in nature and malice in law. In the instant case o, hand. the 2u,i respondent kner,r, that there was a requiremcnt to issuc a fresh Notification to invite applications for one (o 1) posr of HWo Gr.l allotted to Zone-vll Jogulamba for the candidates belonging to oc (G) instead of OC (W) clue to the revised break up of vacancies notified on 2a.06.2024, proceeded to co.duct the written examination to the candidates applied for the post of OC (W) against the post nou. earmarked to OC (G), discloses 1.hat the respondent authorities have not exercised their power honestly, ri,hich is arbitrary and unsustainable in law. Till date, the 2n.l respondent has neither responded to petitioner,s online grievance, dated

05.O7.2024, nor disposed of his representations, and as on date his grievance/ representations are pending disposal. If suppose the 2n(r respondent fi1l up the said one (01) post of HWO Gr_l allotted to 7 Zone YII Jogulamba with the candidates belonging to OC (W) ln that case, it will be a irreparable loss and cause serious prejudice, apart lrom denying his fundamental right.

4. At the time of admission, this Court granted the following interim d irection. "Ang selections made to the post of Hostel Welfare Offtcer, Grade-l in Zone'VII (Jogulamba) pursuont to Notiftcation No.2 5/ 2 O22, dated 23. 1 2. 2022 is sued bg respondent No.2, shatl be subject to the outcome of th.e present Writ Petition. "

5. Learned counsel for the respondent No.2 hled a counter stating that the Commission has issued common Notification No.2512O22, d.ated. 23.12.2022, for Ten (1O) Post Codes for 5Bl Vacancies as these are the common categories of posts for the post of Hostel Welfare Officer in various Welfare Departments as per the indents received from the various welfare Departments. Admittedly, the petitioner is eligible for Post Codes 01, 02, 04, & 05 as per his qualifications i.e., Degree with B.Ed. (General). While things stood, this Court passed the following interim orders in WP No: 38502 of 2022 and W.P.No. 27844 of 2022. "directs the respondents to follou the decision of the Hon'ble Supreme Court in the case of Rajesh Kumar Dania u Rajasthan Pubtic Seruice Commission and others ruhile making appointments in Group I I ! I I i i I i i E Seruices and to follou.t the pinciples of Hoizontal Reseruation fo, Women Candidates u)ithout earnrarking anA roster points for them" ln compliance with the orders in W.P. No. 27844 of 2022 and WP No.3B5O2, the Department of Women, Children, Disabled and Senior Citizen (Prog-l) has issued G.O.Ms.No.3, dated 10.O2.2024 to follow the principle of horizontal reservation for u,omen candidates without earmarking any roster points lor them and subsequently, Rule 22 of State and Sub-ordinate Service Rules- 1996 was amended vide G.O.Ms.No.35, (General Administration Ser. D Dept), dated

13.02.2024, removing the Roster points for Women in direct recrultment. 5(i) It is further pleaded that in view of the above, the respondent No.2 issued the addendum web note dated lZ .O2.2O24 which is subsequent to the Notification No.2S I 2022 , clated 23.12.2022, informing all the candidates as here under: "[t is hereby informed tha| in. compliance of tht: orders of the Hon'ble Supreme Court in the case of Rajesh Kumar Doia Vs. Rajasthan Public Seruice Commlssion [2OO7 (8) SCC 785] and intenm orders of the Hon'ble High Court in related matter in uaious W.P.s the Gouentment has issued orders through Memo No.4981/ Ser.D/ A2/ 2023, GAD, Datetl 01/02/2024, GOMs No.O3, WCD&SC (prog-I), Dated 10/ A2/ 2024 ond GOMS No.35 GAD (Ser-D) Dept. Dated 13/02/2O24. Hence the Commission tuould a, 9 I I I i implement the Horizontal Reseruation for Women Condidates in all categoies in the tnatter of direct rectuitment for att the ongoing recruitments. The selections shaLl be subject to the outcome of final orders of the Hon'ble High Court in the related motter. " s(ii) It is further pleaded that accordingiy, as per the G.O.Ms. No.3, Department of Women, Children, Disabled, arrd Senior Citizens (Prog 1), dated 1O.02.2024 and G.O.Ms.No.35 General Administration (Ser. D) Department, dated 13.O2.2024, giving effect to changes thereof in Rule 22 and 22-A of Telar-rgana State and subordinate Service Rules, 1996, the respondent No.2 herein has impiemented the Horizontal Reservation for Women candidates in the matter of direct recruitment. On considering the above facts concerning the application of horizontal women reservation to the exlent of 33 i/3 ok 12. the Commission issued Addendum Web Note, dated 28.06.2024 to the Notification No.2512022, dated

23.12.2022 which states as follows: "It is hereby infonned to the candidates tuho haue applied for the posts of Hostel Welfare Offtcer Gr I in Tibal Welfare Departmeftt Hostel Welfare Officer Grill in Tibal Wel.fare Department. Scheduled Coste Deuelopment Department, BC Welfare Department, Worden Gr I & GrJI Matron Gr.I & Gr II in Director of Disabled & Senior Citi.zens Welfare and Ladg Supeintendent Children Home In Women Deuelopment and ChiLd Wefare Department, uide \ l0 Notification No.25/2022, Dt: 23.12.2022, that the Gouemment had. issued G.O. Ms. No.3. Departraent for Women, Children, Disabled ond Senior Citizens (ProgJ) dt:10.02.2024 ond G.O_Ms.No.3S, General Administration (Ser.D) Department, dt: 1 3. 02.2024. ln ui<:Lu of the aboue Gouernment orders, the Reuised Break up of uacancies pertaining to the aboue posts uide Nottfication No.23/2022, dt:23.12.2022 J'or 5g1 uacancies are auailable on the Comrnls.sion,s Website. And in uieut of the same, Contmission has reuised the break up of uacancies.,' l i 5(iii) It is further pleaded that the implementation of Horizontal reservation for rnomen is community/category wise, but not on total vacancies. As such, the Horizontal Reservation of 33 l/3oh for women u,il1 be impiemented by ensuring at least one woman candidate for every three vacancies in each community category by maintaining a 1OO-point roster cycle. A register wiil be maintained for each postcode in the department concerned with 100 point cycle each community category wise to ensure sufficiency of women. State ar-td Subordinate Service Rules 1996 governs various conditions and criteria prescribed in any TGPSC Notification, read with the relevant Special Rules applicable to any particular service by respective departments. In case of a,.y matter which requires clarification, lvill be processed as per the relevant General ald Special Rules in force. The G.O.Ms.No.33, Tribal welfare Department, dated 30.o9.2022, wherein it is specificalry mentioned that these orders shall come into force with immediate effect and the consequen t amendment issued to Rule 22 vide G.O.Ms.No.130 GA (Ser.D) Depa-rtment, dated 09.11.2022 are ln force on the date of the said notification. Therefore, the recruitment will be processed as per the terms of the Notification and also as per the Rules/G.O's and instructions issued by the Government and also as decided by the Commission from time to time in terms of respective Special Rules/Ad-hoc Ruies S(iv) It is further pleaded that five (5) vacancies are available for Post Code I Hostel Weifare Officer GR I in Tribal Welfare Department. A total of 61290 male candidates have been applied, and a total of 36628 male candidates have appeared for the written examination for the said post. If suppose total 61290 male candidates could be able to apply for the post after issuing the Notification, what prevented the petitioner from applying for the post at first instance after issuing the Notification. Horn'ever, the petitioner did not apply to the post despite being eligible for Post Codes 01, 02, 04, & O5 as per his qualihcation. Hence, the relief sought by the petitioner ca-nnot be considered, and the Writ Petition is liable to be rejected. The web note dated 28.06 .2024 , thereto giving effect to the said G.O.Ms No; 03, WCD & SC (Prog-l), dated 10.02.2024 and G.O.Ms.No.35 GAD (Ser-D) Department, t2 dated 13.O2.2024 and propagating the revised changes in reservation pohcy pertaining to women that the posts under direct recruitment to be filled up in horizontal reservation arrangement is clearll, in the nature ol a clarification to the subject Notification. 5(") It is further pleaded that since it has or.rl-v revised the reservation policy pertaining to women, which o ught to be implemented in horizontal reservation principte keeping the overall reservation percentage intact i.e., up to 33.33 per Cent reservation in favour of rvomen cand idates. Since the u.c-b Note dated

24.06.2024 ser'ed as a clarification to the subject Notilication, it is within the law laid to have applcability over the prececling selection process in recruitment of the subject Notihcation. In Sree Sa,nkqrrrcharya (Jniuersitg of Sanskrit v Manu, 2023 SCC Online SC 640, the Court said that if the subsequcnt Government order is declared to be in the nature of a clarification of the earlier order, it may be made applicable retrospectively. Respondent No. 1, strictly observes Rule 22 of the Telangana state and Subordinate Service Rules, 1996, while implementing the rule of reservation to various communities/categories u,hile filling up of vacancies in various recruitments. The percentage of reservation for each community is stipulated therein a,d the same r.r,ou1d be provided accordingly. As such, this issue is not within the purvier.t, of this r.l respondent TGPSC either to enhance or reduce reservation for any community or category since it is a recruiting agency and concerned with the rules and regulations that are in force to date and shall be binding on the judgements passed by the Hon'ble Courts and instructions received from the State Government. Therefore, the relief claimed by the petitioner is beyond the scope of this respondent Commission. Accordingly, prayed to dismiss the Writ Petition. FINDINGS OF THIS COURT:

6. A perusal of the record shou,s that initially, the 2"d respondent initially issued a recruitment Notification No.25/2022, dated

23.12.2022 for filling up of 581 vacalcies across various cadres, inciuding one post of Hostel Welfare Officer (HWO) Grade-I, allotted to candidates belonging to OC(W) of ZontVil Jogulamba.

7. While things stood thus, this Court passed the following interim orders in WP No: 38502 of 2022 and W.P.No. 27844 of 2022, directing the respondents as follor.r,s "directs the resportdents to follou.t the decision of the Hon'ble Supreme Court in the case oJ Rajesh Kumar Dania u Rajasthan Public Seruice Commission and others while making appointments in Groupl Seruices and to follotu the principles of Honzr:ntal I4 Reseructtion fo, Women Cnnd.idates Lutthout earnLarktng ctrty roster points for them, In compliance of the above orders, the Departmeltt of Women, Children, Disabled, and Senior Citizens (prog I) has issued G.O.Ms.No.3, dated 10.O2.2024 to adopt the principle of horizontal reservation for women candidates without earmarking afly roster points. Subsequently, Rule 22 of state and Sub-ordinate Service Rules, 1996, was amended vide G.O.Ms.No.35, (General Administration Ser.D) Department, dated 13.02.2021, rernoving the roster points for Women in direct recruitment.

8. The grievance of the petitioner is that, as iler the revised vacancy breakup uploaded on the Commissior-r's Website on

24.06.2024, the One (01) post of HWO Gr l, previousl.y earmarked for OC (W) in Zone VII Jogulamba, has nou, been reclassilied and earmarked for OC(G), u.hich ,,vas earlier earmarkecl to OC(W). Consequently, the petitioner argues that the 2na respondent ought to have invited fresh applications from eligible OC(G) candidares by issuing a fresh recruitment Notification. Contrarl. to this, the 2rrd respondent proceeded to fill the said post basecl on applications received earlier under the Notification No .25 12022, dated 23.12.2022, when the post uras still earmarked for OC (Women). The petitioner contends that since the vacancy categorv changed to l-5 OC (General), fresh applications should have been invited frorn that category, and proceeding with the earlier applications amounts to an arbitrary and unsustainable action. The petitioner, being eligible for the revised vacancy, r,r'as unable to apply due to the non- issuance of a fresh Notihcation. The petitioner therefore prays for a direction to the respondents to issue a fresh Notification for inviting applications from eligible OC (General) candidates for the revised vacancy of HWO Gr-l and to suspend the written examination from

24.06.2024 to 29.06.2024 to the extent of the said one post allotted to Zone-Vil, Jogulamba. g. Learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in Tei Prakash Pathak & Others u' Rajasthan High Court & Others (Civil Appeal No.2634 of 2013, decided on 07 . 1 1 .20241, wherein it was observed in paragraph 14: " 1 4. The doctine proscibing change of tules midtuag through the game, or nfier the game is plaged, i.s predicated on the ntle agoinst orbitrariness enshined in Article 14 of the Constitution. Article 16 is onlg an instance of the applicatton of the concept of equalitA enshined in Article 14. ln other u.tords Articte 14 is the qenus u-thile Article 16 is a species. Articte 16 giues effect to the concept of equalitg in all matters reloting to public employment. These tuo articles stike at arbitrainess in Stafe action and ensure fairness and equality ol treatment. Theg require that Stote action must be based on ualid l6 releuant pinciples alike to alt similarly sitttate anll not to be guided bg (LnA exlraneous or irreleuant ansiderations. In oll its actions, tLLe State is bound to act fairlA, in a transparent manner. This is ctn. eleme-ntary recquirement of the guarantee agai.nst arbitrary State action uhiclt Article 14 of the Constitution adopts. A depriuotion of the entitlement of priuate citbens and piuute busiiess musl be proportional to a requirement grounded in. pubtic interest- Whikt accepting the salutary pinciple that once the recruitment process commences the State or its instnLmentalitll cannot tinker tuith the "ntles ol the game" insofar as the presciption of eLigibility citeict is concerned, uondered uhether thctt shoutd oppty olso to the procedure for selection." In the present case, hou,,ever, the changes \vere made only in compliance with the interim orders passed in the aJorementioned Writ Petitions. The Department issued G.O.Ms.No.3, dated 1O.O2.2O24, and the amendment to Rule 22 was brought via G.O.Ms.No.35, dated 13.O2.2O24. Therefore, there \\,.as no arbitrariness in the respondents' action, and the doctrtne of ,,rules of the game" is not applicable in this context.

10. Since the Web Note dated 28.06 .2024 merelv served as a clarification to the original Notification, it is legally valid and can be applied retrospectively to the ongoing recruitment process. Moreover, five (5) vacancies exist under post Code 1 (HWO Grade_I ) .--L" ,! { ! { { t1 in the Tribal Welfare Departrnent), and a total of 61,29O male candidates applied under the original Notification. The petitioner, being eligible for Post Codes 01, 02, 04, and OS, failed to apply despite being aware of the Notification. As the maxim goes, ,,law assists those who are vigilant, not those who sleep on their rights.,' Therefore, the relief sought by the petitioner cannot be grar-rted.

11. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI ASSiSTANT REGISTRAR SECTIKKiFICER To, 1 2 3 One CC to SRl. SIVARADHAKRISHNA VENKATESWARA SARTUA GANGA RAJU [OPUC] One CC to SRI P.S RAJASEKHAR SC FOR TSPSC [OPUC] TwoCCstcGPFoP.SERV|CESlll,HighCourtfortheStateofTelangana. louTl

4. Two CD CoPies e o KK GJ I i t I HIGH COURT DATED:1810612025 ( o( 1HE 5 r,( o o t 05 rljc m25 .,i ,, ORDER WP.No.24175 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS ,)