A Archana v. The State Of Telangana

[ 32se ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY .THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO: 290 OF 2023 Between:

1. A Archana, D/o N Venkata Narayana, 32 years, Occ Police Constable, F/o H.No. 3-1 12lA/1 1, Bheem Reddy Nagar, Boduppal, Medipally, MedchalMalkajgiri Registration number 1735920

2. B Keerthi, D/o Devadas, Age 26 years, Occ: Unemployed, R/o H.No.108/5/6/4, Prof. Jayashankar Colony, Boduppal, Medchal-Malkajgiri, Registration number 1 030266

3. Satu Anusha, D/o Satu Mallesh, Age 27 years, Occ: Unemployed, Fl/o H.No. 't-14, Nedunur, Kandukur, Ranga Reddy- 501359 Registration No-'l25Bl99

4. Kondi Bharathi, D/o Maheswar, Age 28 years, Occ unemployed, R/o H. No. 7 -39 I 1, Y err apahad, Tawai, Kamareddy - 503 1 20, Registration No 1 31 2405

5. D Shivarani, D/o Kistaiah, Age 35 years, Occ Police Constable, F|/o H. No. 2-128, Balali Nagar, Ghatkesar, Medchal-Malkajgiri, Registration No 1066759

6. Amboth Saritha, D/o Thavu, Age 20 years, Occ: Unemployed, Fl/o H.No. 7-28, Amboth Thanda, Manchal, Ranga Reddy - 50'1508 Registration number7't425592

7. K Geetha, Wo Shivashankar, Age 24 years, Occ: Unemployed, R/o Mazeedpur, Abdullapurmet, Ranga reddy - 501512 Registration No 1578369

8. C Kavitha, Wo Nagaraju, Age 23 years, Occ Unemployed, Fyo H No 3-'15, Paipadu, Waddepally, Jogulamba Gadwal - 509126 Registration No 1360978

9. Rayapuram Shirisha, D/o Bhaskar, Age 26 years, Occ: Unemployed, R/o H.No.4-2 Nagaram, Nekkonda, Warangal, Registration No 1276781 ...PETITIONERS AND 1 . The State of Telangana, Rep. by its Principal Secretary to Govt, Home Department, Telangana Secretariat, Hyderabad 500 022

2. The Telangana State Level Police Recruitment Board, 0/o. The Director General of Police, Telangana State, Saifabad, Hyderabad, Rep. by its chairman ...RE'P.NDENT'

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in I conducting a Physical Measurement Test (PMT), Physical Efficiency Test (PET) for the recently delivered petitioners herein starting from 10.12.2022 to I I

14.12.

2022 on par with others as part of the direct recruitment for the posts of SCT Sl Civil and/or Equivalent, SCT PC Civil and/or Equivalent, SCT PC lT and COi l\,4echanic/Driver and Prohibition and Excise Constable without allowing representations from the Petitioners in which they made a request to conduct the events once they fit to participate after giving birth to a baby as illegal, arbitrary, discriminatory and violative of Art 14, 15(3), 16, 21 and 42 of Constitution of lndia and consequently Direct the 2nd Respondent to grant time to the Petitioners herein until they are fit and allow them to participate in the further selection process, without insisting on physical ability to complete thg Physical Efficiency Test, in the interest of justice tA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affldavit filed in support of the petition, the High Court may be pleased to Direct the 2nd Respondent to grant time to the Petitioners herein until they are fit and allow her to participate in the further selection process like Final Written Examination (FWE), without insisting on Physical Efficiency Test (PET)/Physical Measurement Test to complete, in the interest of justice arid to have such other order or orders as this Hon'ble Court may deem fit, just and proper in the circumstances of the case.

Counsel for the Petitioner: SRl. RAMESH CHILLA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER

HONOURABLE SRI JUSTICE E,V.VENUGOPAL 1IIRIT PETITION No.29O of 2o23 ORDER:

When the matter is taken up for hearing, learned counsel appearing for the petitioners contended that a similar issue has fallen for consideration before this Court in W.P.No.77 of iOZS and this Court was pleased to dispose of the Writ Petition urde orders dated O3.O1.2023 and therefore, the present Writ Petition also deserves to be dispose of.

2.

In view ol the said submission, the Writ Petition deserves to be allowed by following the order in W.P.No.77 of 2023 dated 03.oL.2023.

3.

OfIice is directed to enclose a copy of the order in W.P.No.77 of 2023, dated O3.01.2O23 to this order. 4.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

5.

Interlocutory applications, if any, pending in this writ petition, shall also stand disposed of.

SD/- N. CHANDRA SEKHAR ASSISTANT REGIS SECTION FFICER ,TRUE COPY// To, 1- The Principal Secretary to Government, Home Department, Telangana Secretariat, State ofTelangana, Hyderabad 500 022

2. The Chairman , Telangana State Level Police Recruitment Board, 0/o. The Director General of Police, Telangana State, Saifabad, Hyderabad.

3. Two CCs to GP FOR HOME , 'High Court for the State of Telangana, at Hyderabad [OUTI

4. One CC to SRl. RAMESH CHILLA, Advocate [OPUC]

5. Two CD copies BM GJP 1

HIGH COURT DATED:1 010112023 N S t-\E s-r\ r{l ( Jo O e 3 0 lAil zSUl

ORDER

c WP.No.29A of 2023 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ YY\ & fr\ ),1-/ I I !