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High Court for State of TelanganaWP/8777/2017dismissed no costs

Mohan Banothu v. The State Of Telangana

2017-03-22P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 23.02.2017 Between:

Mohan Banothu S/o. Hattsingh, Aged 32 years, Occu: Home Guard, R/o. 11-20-25, HUDA Complex, Saroor Nagar, Hyderabad.

.....Petitioner and The State of Telangana, rep.by its Principal Secretary to Government, Home Department, Telangana Secretariat, Hyderabad and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner is one of the candidates, who responded to the recruitment notification dated 31.12.2015 and participated in the selections to the post of Fireman in Telangana State Disaster Response & Fire Services Department. Petitioner is working as Home Guard. Petitioner therefore claims that in the recruitment, reservation should be provided to the Home Guards also in Scheduled Tribe category and because reservation is not provided to the Scheduled Tribes in Home Guard quota, petitioner was not selected.

2.

Learned Government Pleader, on instructions, submits the post of Fireman is a district cadre post and each district is an independent unit. Petitioner participated in the selections for recruitment to the post in Nalgonda District. In Nalgonda District, the total posts notified were 40. Only 10% of posts are reserved for Home Guards. Out of 40 posts, three posts are reserved for Scheduled Tribe general category. The reservation of Home Guards are based on horizontal reservation principle and applicable over all categories of reservation. Out of 3 posts reserved for Scheduled Tribe general category, 10% would come to 0.3 only and, therefore, no vacancy was earmarked.

3.

Having regard to the same, I do not see any error in the selection process adopted by the respondents. As no vacancy is earmarked for Home Guards of Scheduled Tribe category, merely because petitioner competed as Home Guard cannot give right to

claim that a post ought to have been reserved for Scheduled Tribes. Writ petition merits no consideration. Writ Petition is dismissed accordingly.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 22.03.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 22.03.2017 kkm