Madhugani Raju, Mbnr. Dist. v. Chairman, Slprb, Hyd. And Ano.
[ 3336 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO:27877 OF 2012 Between:
Madhugani Raju, S/o. Chinna Pentaima, aged 23 years, Rl/o. Sankireddipally Village and Post, Kothakota Mandal, Mahabubnagar District. ...PETITIONER AtiD
1. The State Level Police Recruitment Board, Andhra Pradesh, D.G.P. Office compound, Lakdikapool, Hyderabad, rep.by its Chairman.
2. The State of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad. RESPONDENTS 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 a Writ of Certiorari, calling for the connected records, including the impugned the orders in O.A.No.215 of 2011, dated 13-08-2012 along with the orders in O.A.No.215 of 201 1, dated 20-12-2011, in passed by the Administrative Tribunal, Hyderabad, and quash the same as arbitrary, illegal, unjust and contrary to law and it if further prayed that the proceedings Rc.No.89/R & T/Admin.
2/1 1, dated 10-032O11, be also declared arbitrary, illegal, unjust and contrary to law and accordingly be quashed and further direct the respondents to consider the case of the petitioner for the post of Stipendiary Cadet Trainee (SCT) Police Constable (Civil) (Men) in the existing vacancies with all consequential benefits along with other selected candidates pass further order or orders in the interest of justice_" (prayer is amended as per Court Order dated 16-09-2022 vide l.A.No.1 of 2022 in WP.No.
I.A.N O: 1 OF 201 2(WPMP. NO: 35527 OF 20121 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 respondents to accommodate the petitioner in the existing vacancies and send him for S.c.T.P c. (civil) (Men) training by suspending the 6peration of the impugned order in O.A.No.21S of 2011, dated 20.12.201i, passed by the A.P. Administrative Tribunal, Hyderabad, and the proceedings Rc.No.BgiiR&T/ . Admn.2l11. dated 10.3 2011 , issued by the 1"t respondent, iorthwith, pending disposal of the above writ petition.
Counsel for the Petitioners : SRI.SIVARAJU SRINIVAS Counsel for the Respondents : Gp FOR HOME The Court made the following ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT JUSTICE SUREPALLI NANDA WRIT PETITION No.27877 OF 2OL2 ORDER: /Per Hon'ble Si Justice Abhinand Kumar Shauili) Aggrieved by the orders dated 2O.l | .2OI1 passed in O.A.No.215 of 2Ol l by the Andhra Pradesh Administrative Tribunal (for short 'the TribunalJ, Hyderabad, the present Writ Petition has been filed.
Heard Sivaraju Srinivas, learned counsel for the petitioner and learned Special Government Pleader for the respondents. It has been contended by the learned counsel for the petitioner that the petitioner has responded to a notification dated 3O.12.2OO8 for the post of Stipendiary Cadet Trainee (SCT) Police Constable (Civil)(Men) and petitioner has participated in the selection process and the petitioner has secured 108 marks. Learned counsel for the petitioner also contended that the petitioner belong to BC-D community and one other person from BC-D category has also secured same marks i.e.,108 marks. As the said person, who has secured same marks i.e., 1O8 marks, was older in age than the petitioner, he was selected as Police Constable.
Learned counsel for the petitioner had contended that it has come to the notice of petitioner that three candidates who were also selected as police constable were subjected to medicai examination and they could not crear the medical examination and consequently three vacancies were there and petitioner has submitted a representation requesting the respondents to consider the case of the petitioner for appointment as police Constable in the said vacancies which could not be filled up because those three candidates could not clear the medical examination. But the case of the petitioner was not considered and the same was rcjected. Aggrieved by the same, the petitioner had approached the Tribunal by filing O.A.No.215 of 2011 seeking a direction to consider the case of the petitioner for appointment to the post of police Constable but the Tribunal vide orders dated 2O.12.2O11 was pleased to dismiss the O.A. without appreciating any petitioner.
of the contentions raised bv the Learned counsel for the petitioner had further submitted that the issue raised in the present Writ petition is squarely covered by the judgment rendered by learned Single Judge of this Hon'ble Court in W.p.No. 14926 of 2O2O dated, 14.06.2021 and the same !v.v,as also confirmed by a Division Bench of this l
Court in W.A.No.511 of 2O2I dated 31.12.202 1 and further confirmed by the Hon'ble Supreme Court in Special Leave Appeal No.9032 of 2022 dated 13. 1 t.2022. By following the said orders, the present writ petition also deserves to be disposed of by directing the respondents to consider the case of the petitioner for appointment to the post of Police constables in the vacancies which could not be filled up.
I Learned Government Pleader appearing for the I / respondents had contended that the notification to which the petitioner has responded is dated 30.12.2008 and we are in the year 2022 and all the vacancies which could not be fiiled up during the year 2008 were tagged on to the next notification and all the vacancies were hl1ed uP'
This Court having considered the rival submissions made by the parties is of the considered view that the issue raised in this Writ Petition is squarely covered by the Judgment of this Court which was confirmed by a Division Bench of this Court, in terms of orders passed in W.P.No' 14926 of 2O2O dated 14.06.2021 which were conhrmed by a Division Bench in W.A.No.511 of 2O2l dated 31.12.2021 and also further confirmed by the Hon'ble Supreme Court in Special Leave By following the Appeal No.9032 ol 2022 dated 13.11.2022.
\ same, the present Writ Petition also deserves to be disposed of and the respondents are directed to consider the case of the petitioner for appointment to the post of Police Constable and pass appropriate orders in accordance with law. With these observations, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.
AN R \ SD/.R.KARTHIK ASSISTANT REGIS //TRUE COPY'
SECTIO FFICER To
1. The Chairman, State Level Police Recruitment Board, Andhra Pradesh, D. G. P. Office compound, Lakdikapool, Hyderabad.
2. The Principal Secretary, Home Department, Secretariat Buildings, State of Telangana, Hyderabad.
3. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUTI
4. One CC to SRI.SIVARAJU SRINIVAS, Advocate IOPUCI
5. Two CD Copies
6. One spare copy S.A.
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C.C. TODAY HIGH COURT DATED:2611212022 'I i.
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i= ir ORDER.
WP.No.27877 of 2012 DISPOSING OF THE W.P WITHOUT COSTS.
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