✦ High Court of India · 07 Jan 2025

'1 . Kummari Praveena v. The State of Telangana

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Length
1,363 words

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 ...RESPONDENTS -.--_-...-_- pleased to issue any appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring Rule 22 Sub Rule-2 (a) (b) (e) of Telangana State and Subordinate Service Rules, 1996 which was amended under G.O.Ms. No.96, General Administration (SER.D) Department, dated. 22.7.2019 as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of lndia, being contrary to the dictum laid down by the Honble Supreme Court in various cases and consequently set aside the notificaJion No. O2l2O24 dated 19.02.2024 issued by the 2nd respondent to the extent of earmarking the Roster Points as shown in Annexure-l of the said Notification and treating the Special Reservation viz Physically Handicapped Reservation, as the Vertical Reservation, instead of treating them as the Horizontal Reservation, under Para 4.1 pursuant to the Notification No. 02 of 2024, dated 19-02-2024, issued by the 2nd Respondent and further declare the amendment issued in G.O.Ms.No.29 .General Administration (Ser.A) Department, dated 08.02.2024 amending G.O.Ms.No.55 dated 25.04.2022 as being illegal, arbitrary, unreasonable, unconstitutional and contrary to the law laid down by the Honble Supreme Court in various cases and consequently set aside the Para"12.1 (B) of the consequent Notification No. 0212O24 dated 19-02-2024 issued by Respondent No. 2 or otherwise direct the 2nd respondent to cancel the arbitrary Notification No. 02 of 2024, dated 19-02-2024 and restore old Notification No.0412022 daled. 26-04-2022 for conducting fresh prelims and mains for Group- I Services by duly Adherence to Learned Single Judge Orders of this Honble Court in W.P.No.158'1 1 of 2023 Dt.23-09-2O23 that Re-Conduct the Preliminary Examination which was upheld by Division Bench of this Honble Court the same in W.A. No.942 of 2023 Dt.27-09-2023, and midway of the game changing actions to the original notification by Respondent No.2 and without taking leave/permission of this Honble Court when orders of this Honble Court enforcement stage though the orders dispatched and not challenged till end/not got relief by Respondents at Appellate Court, Hence not at all appreciable of Respondents and their arbitrary actions were purely illegal, un-con stitutio nal, violation of fundamental rights of petitioners and other aspirants Articles under 14,15,16 and 2'l which were guaranteed by Constitution of lndia and also its completely against to principles of natural justice lA NO: 1 OF 2024 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 publish by advertisemenVupload a report in TGPSC website for public understanding on prelims qualified in the Group-l Services Notification No.02 of 2024 daledt 19.02.2024 along with attended aspirants in main exams V/s Notification No.0412022 dated: 26-04-2022 with General Ranking List(GRL) details with Name, Father Name, Marks, Prelims Hall Ticket No., Community, District, Zonal Wise Status in view of earliest paper leakage prima facie by SIT lnvestigation Report for more transparency regarding public interest in the backdrop of TSPSC past failures in conducting Group-l exam, pending disposal of the Writ Petition, in the interest of justice lA NO: 2 OF 2024 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 2nd respondent to stay on all further proceedings/ not to publish mains results/ not to go ahead for further selection process of the Group-l Services Notification No.02 of 2024 daled 19.02.2024, needless to say that prqcedural errors with clear visibility in Group-1 selection process wherein Arbitrary cancellation of original Notification No.0412022 dated: 26-04-2022 parallel releasing of another Notification No.02 of 2024 dated 19.02.2024 by own interpretation and wrongly executed by the respondents while acting on direction issued by this Hon'ble Court, further without taking Leave/Permission of this Hon'ble Court about changes in original notification that rule of reservations subject and other ultra vires which resulted in huge lapses in view of implementation of Hon'ble Court direction by the respondents in W.P.No.1SB11 of 2023 Dt:23-09- 2023, resulted huge stigma facing by Group-l aspirants, pending disposal of the Writ Petition, in the interest of justice lA NO: 3 OF 2024 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 publish the prelims qualified General Ranking List(GRL) in detailed wiih Name, Father Name, Marks, Prelims Hall Ticket No., Community-Reservation, District, Zonal Wise Status, State along with mains written hall ticket numbers those who attended of the Group-l Services Notification No.02 of 2024 daled 1910212024, pending disposal of the Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI PONAMPELLI RAVI Counsel for the Respondent No.1 & 2: GP FOR GENERAL ADMINISTRATION / SPL. GP REP. FOR ADDL ADVOCATE GENERAL Counsel for the Respondent No.2: SRI P.S. RAJASEKHAR, SC FOR TSPSC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HON,BLE DT. JUSTICE G. RADHA RANI UIRIT PETITION No.346OO of 2024 ORDER (per Hon'ble SP,J) t Sri Ponampelli Ravi, learned counsel for the petitioners, Sri P.S.Rajasekhar, Iearned Standing Counsel for respondent- Public Service Commission and Sri S.Rahul Reddy, learned Special Government Pleader representing on behall of learned Additiona-l Advocate General for respondent Nos. 1 and 3 2 Learned Standing Counsel for Public Service Commission submits that this matter is similar to WP.No.26038 of 2024, which has been dismissed, vide order dated.26.l2.2024.

3. The principal reason for rejection of petition was delay in filing the writ petition. The present petition is filed even after filing of WP.No.26038 of 2024, which was not entertained because of delay in filing the writ petition.

4. Considering the order passed in WP.No.26O38 of 2024, this petition is also dismissed for same terms/reasons. There shall be no order as to costs. / 2 ,I Interlocutory applications, if any pending, shall also stand closed. SD/.L. LAKSHMI BABU ASSISTAN REGISTRAR //TRUE COPY// S N OFFTCER ' l. The Chief Secretary to Govemment' General Administration (Ser' A) Dept The State of relangana,'6i]ri'ii'qnibJoi"t Telangana state Secretariat' Hvderabad -50OO22 2. T#Hfti"i, l"fing"nu Public Servic-e- Commission' Prathibha Bhavan' - i,i.i. R;;4, N'ampallvlHvderabad 500001 - 3. The Prl. Secretary to o"f1"iti""it' fr"'en Development and Child Welfare' " i.j"ili'cit[i,ns, disaoredi'verrJie'oepartment' The,state of Telangana' 6;8Rffi;aiu;nr[91{ffiX;i5::':tl,t'S;6o1o1ooo" 4. One CC to SRI PONAM i-?'li:: j*sltS-tlm'*lm,R,'.?u,:Bi,:,1?n'#&,n'",theState of Telanqana. [OUT] z. i*L'iiBiij;d-voinre GENERAL, High court for the state of Telansana. touTl. . 8. Two CD CoPles BN BS G. \ HIGH COURT DATED:0710112025 f I lrli si4 ,i c ( ou.. 09ur 2025 C rcH CO lL- ORDER WP.No.34600 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ') I

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