Disposed

A. Kranthi Ramana v. State of Telangana

Telangana HC6 Mar 2024WP/5952/2024

Case brief

AI extract

What is this about?

Hearing a writ petition under Article 226 challenging the restriction of Assistant Public Prosecutor posts, the court at the admission stage directed the respondents to consider the petitioner's candidature based on merit, citing a similar order in W.P.No.2650 of 2022, and dismissed the petition pending further action.

What did the court decide?

Directed respondents to consider petitioner's candidature for appointment as Assistant Public Prosecutor based on merit against available vacancies.

A. Kranthi Ramana Vs State of Telangana — Service and Employment | Telangana HC (2024)

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[³³⁰¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 5952 OF 2024

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Between:

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A. Kranthi Ramana, S/o. A. Sudershan,^{Aged- 41 years, Occ;Advocate,R/o.Sri Sai} Nilayam, H.No.'1-9-379/1 , Adikmet, Vidyanagar,^{Musheerabad Mandal, Hyderabad-} (Zone-ll)

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.....PETITIONER

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AND

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State of Telangana, rep. by its Principal Secretary,^{Home Department,} Secretariat, Hyderabad.

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Telangana State Level Police Recruitment^{Board,rep. by its Chairman,DGP} Office Complex, Lakdikapul, Hyderabad^-500004.

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The Director General of Police,^{Government of Telangana, Lakdikapul Rd,} Opp- Ravindra Bharathi, Red Hills,^{Lakdikapul,Hyderabad} -^500004.

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. ....RESPONDENTS

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Petition Under Article 226 of the^{Constitutionof lndiaprayingthat in the} circumslances stated in the affidavat^{filedtherewith,the High Cou( may be} pleased to issue any writ, order or direction more^{particularly one in the nature of} WRIT OF MANDAMUS declaring^{the process of recruitmentof Asst Public} Prosecutors in terms of the Notification^{Rc No 42lRect lAdmn2l2021 dated 04 07} 2021 and also the ac{ion^{in restrictingthe number of poststo 92 as againstthe} advertised posts of 151 despite of^{availabilityof 130 selected candidatesis} arbitrary illegal and^{volatile of articles 14, 1 5, 16, 19 and 21 ol lndian constitution} and contrary to the^{principleof reservation as enunciatedby Rules and decided} by the Apex court and other^{courts and direct the respondentsto fillup all the} available vacancies with^{the qualified candidatesin lerms of notificationwith} regards to the EWS MSP^{Womenand BC sub categoriesaS carry forward rule}

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does not apply to the subsequent year with a[ consequentiar and attendant benefits by keeping in view the purpose and urgency underlying the notification issued in terms of the orders of this court.

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l.A.NO:1 OF 2024

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Petition Under section 1s1 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 reserve one post of Assistant pubric prosecutor (cat7) in Telangana state prosecution service of unfilled vacancies with immediate effect, pending disposal of the above writ petition.

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Counsel for the Petitioner : SRI RAJESH MADDY

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Counsel for the Respondents : Gp FOR SERVICES - l

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The Court at the stage of admission made the following ORDER

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THE HON'BLE SRI JUSTICE PULLA T{ARTHIK WRIT PETITION No.S952 0F 2024

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ORDER:

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This Writ petition is fiied under Article 226 of Constitution of India, seeking the following relief:_

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"-..to issue any writ, ^order^{or directionmoreparticularly} one in the nature of writ of .""J"_""^'aeclaring the process of recruitment. of Asstant puUlic-piosecutors in terms of the Notification Rc.No.a2f R ictJeamnZlZOZt, d,ated O4.OZ .2021 and also the ".,i1" ii_r'r..",ricting the number of posts to..9! as against tn. "jr".ii".a posts of 151 despite of avaiJability "f fSO ""L"tJ candidates is arbitrary, illegal and volatile of e.ticfes li,*ti, to, tS ana 21 of Indian Constitution and conba; io'thl pnnciple of reservation as enunciated by Rules anJ a".,aea Uy ttre Apex court and other courts and direct the respondents to filiup all the availabt. u""u.r.i."- *itfr"tfr. qualified candidates in terms of notification *iifr'regaras to the Ews MSp *o-.. :lo ."9 J "";;;;:" as carry forward rule does no! apply to the subs-e-que-nt year witfi all consequential and .ti"raurt b."-"-fiili; keeping in view the purpose and urgency ""a"i-rv_g- rir" notification pass.... issued in terms of the o.J"." ottti= "-;;.i;;

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Heard Sri Rajesh Maddy, Iearned counsel for the petitioner and learned Government pleader for Services for the respondents.

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This Writ^petition is being disposed of, at the admission stage, with the consent ofboth the parties.

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PK,J W.P.No.5952 of 2024

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l,earned counsel for the petitioner submits that the petitioner has secured 74.125 marks and therefore, he falls within the zone of consideration for selection to the post of Assistant Public Prosecutor under BC.D category. Learned counsel further submits that in similar circumstances, ln W.P.No.265O of 2022 and batch, this Court has directed the respondents to consider the case of the petitioners therein for appointment to the post bf Assistant Public Prosecutors in available vacancies, pursuaht to the Notification, dated O4.O7.2O21 , by taking into account the minimum qualifiiing rrrarks secured by. them, within a period of four (04) weeks from.the date of receipt of a copy of that order.

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The grievance of the petitioners is that in spite of securing more marks than some of the petitioners 1n W.P.No.2650 of 2022 and batch, the case of the petitioner was not considered and therefore, he seeks a direction to the respondents to consider their case also, in accordance with the direction of this Court in the said Writ Petition

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PK,J W.P.No.5952 oti 2024

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Having regard to the fact that the petitioner has also qualified in the examination conducted pursuant to the Notification, dated 04.07 .2027, for the post of Assistant Public Prosecutor, this Court deems it fit and proper to direct the respondents to consider the candidature of the petitioner for appointment to the post of Assistant Public prosecutors as per his merit, if he has secured more marks than the other selected candidates, as is done in the case of the petitioners in W.P.No.265O of 2022 and batch.

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7 . Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous Petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/^. P. PADMANABHA^REDDY ASSISTANT^REGIS

//TRUE COPY//

SECTION OFFIC^ER

'o ,.^{,n" Principal Secretary, HomeDepartment' Secretariat'State of Telangana} at HYderabad.HYderabad.

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at HYderabad.HYderabad.

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1. he Chairman,^{TelarganaState LevelPolice Recruitment Board' DGP Office} -' b;;bi. irioit<apul, Hvderabad -500004' s. i#6i;;;6;d"#or'or^{CJiL"'.6o**"ntoI relanoana'LakdikapulRd'} ooo- Ravind ra^{eha ratni, i;;-H il-ri i''iJiiip't'} .Hvd^{erioad - 500004'}

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