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 a writ, order or Direction, more particularly, one in the nature of writ of Mandamus declaring the impugned Memo No.990SlGenerallA2l2o23, dt.o7.1o.2023 passed by the 2nd respondent is as violation/deviation of Rule 12(V) proviso is highly illegal, Void-ab-initio in deviation of Hon'ble Apex court Judgment extending period in all prospects and petitions is period of 90 days, Age cap of 45 days is in deviation of the orders and Rules there under consequenfly declare clause of age cap on par at par notification issued date by TSLPRB. Otherwise, it will be violation of Article '14 and 16 0f the constitution of lndia. As such struck down the clause B of sub clause a) in notification page no.1 8 of 48 in regard age gap inline with the Rulel 2(V) proviso of the Telangana State and subordinate Service Rules, 1996 and consequently to consider the . representation of the Petitioner into selection process about the over age of 4s dqys/one month 1 4 days as per the notification No.41lRect/ Admn-112022, dt.25.4.2022. 1A 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 suspend the impugned Memo No.990sl GeneraltA2l2o23, dt.07.10.2023 issued by the 2nd respondent by considering application of the petitioner into selection process by virtue of relaxing the highly arbitrary aggrieved Rule-'l2(V) of the age criteria cut-off date with clause - 36 of the said notification; pending disposal of the above Writ Petition. lA NO: 1 OF 2025 Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support df the petition, the High court may be pleased to pass order/orders by directing to Respondents to consider the petitioner representation dated: 08-02-2024 for reviewing speaking order vide Memo No.9905/ GenerallA2l2o23, dt.07.1o.2023 which was issued by the principal secretary to Government and with due respect of State Minister, Government of Telangana issued letters to respondents dated:1 5-0 2-2024 & 28-03-2024, pending the writ petition. Counsel for the Petitioner: SRI PONAMPELLI RAV| Counsel for the Respondents: AGp FOR SERVICES (HOME) The Court made the following: ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA r NO o 20 I A D w T ET .29 7 F 2 QRDER: Heard Sri PonamPelli Ravi, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services(Home) appearing on behalf of the respondents' 2 Th itio er Draver as under: a e Co rt e n imPugned "....to issue a Writ, Order or Direction' more particularly, one in the nature of Writ of Mandamus Memo declaring passed No.9905/Gen eral/ A2/2023, dt'07'70'2023 by the 2nd respondent is as violation/deviation of Rule 12(V) proviso is highly illegal; Void-ab-initio in of Hon'ble APex Court Judgment deviation period in all prospects & petitions is 90 days, Age caP of 45 daYs is in of the orders & Rules there under deviation consequently declare clause of age cap on par at par notiflcation issued date by TSLPRB' Otherwise' 16 of the it will be violation of Articles 14 and down the Constitution of India. As such struck clause B of sub clause a) in notification page no' 18 extending period of 2 5N,J W.P.No.29957 2023 oF 48 in regard age gap in line with the Rule 12(V) proviso of the Telangana State and Subordinate Service Rules, 1996 and consequently to consider the representation of the petitioner into selection process about the over age of 45 days/one month 14 days as per the notification No.41lRect/Admn- 7/2022, dt.25.4.2022 and to pass such other order or orders as this Hon'b.le Court, may deem fit and proper in the circumstances of the case and in the interest of the justice. "

3. The Detitio er filed I.A.No. o1 ot 2025 seekinq praver as under:- ".....to pass order/orders by directing to respondents to consider the petitioner representation dated 08.02.2024 for reviewing speaking No.9905/General/A2/2023, dated 07.10.2023 which was issued by the principal Secretary to Government and with due respect of State Minister, Government of Telangana issued letters respondents, dated 15.02.2024 & 28.03.2024...."

4. Learned counsel appearing on behalf of the petitioner refers to the prayer in LA.No.1 of 2025 in W.p.No.29957 of 2023 and contends that if I.A. No.1 of 2025 is allowed as 3 SN,] W.P.No.29957 2023 prayed for, the petitioner would not insist for the prayer as sought for in the main writ petition

5. Learned Assistant Government Pleader for Services-I appearing on behalf of the respondents does not object for allowing of I.A.No.1 of 2025 in the present writ petition as prayed for. 6 TAKING INTO CONSIDERATION: A) The aforesaid fatts and circumstances of the case, B) The prayer as sought for in I.A.No.1 of 2O25 in the present writ petition (referred to and extracted and above), C) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I appearing on behalf of the respondents and, upon I I consent, 4 5N,J W.P-No.29957 2023 I.A.No.1 of 2025 is allowed directing the respondents to consider the petitioner's representation dated Oa.O2.2O24 for reviewing the impugned speaking order vide memo No.99O5/ General/A2 12023, dated 07.10.2023 issued by the respondent No.2 in accordance to law in conformity with the principles of naiural justice by providing an opportunity of personal hearing to the petitioner within a period of four (04) weeks from the date of receipt of the copy of the order and duly communicate the decision to the petitioner herein. With the above direction, the writ petition is disposed of, However, there shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR Ii- L SECn6N oFFIcER The chairman, Telanoana..state Lever porice Recruitment Board (TSLpRB), DGP Office Comptex,I_akdikaput, HyOtrab;4.'-"'- The Principal Secretary. Home _Department, Dr.B.R. Ambedkar Telangana Secretariat, Hyderabad. State of fetdngJn;. ' - - One CC to SRt PONAMPELLT RAV|, Advocate [OPUC] One CC to SRt M.V.RA|\,4A RAO, SC FOR TSLPRB [OPUC] Two CCs to Gp FOR SERVICES (HO[UE), High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies \' - - -/i I ii,'| I To, 1 2 3 4 4 o BSR r?,9 I CC TODAY I-IIGH COURT DATED: 2010612025 ORDER l.A.No.1 of 2025 IN/AND WP.No.29957 of 2023 lntro 14 Y 1g JUL zffi z -t- * * PArcrt ALLOWING THE I.A. & DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I