Dismissed

T.Srinivas v. The State of Telangana

Telangana HC12 Feb 2025WP/3957/2025

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the State of Telangana's failure to upload Government Orders on official websites. The Court found the issue was sub judice in a prior Public Interest Litigation and dismissed the current petition by following the earlier order, directing respondents to comply with the existing Government Order.

What did the court decide?

No relief granted; petition disposed of by following a prior Division Bench order.

T.Srinivas Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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132521

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IN THE HIGH COURT^{FOR THESTATE OF TELANGANA} AT HYDERABAD

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(SPecial Original Jurisdiction)

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TUESDAY, THE^{TWENTY THIRDDAYOF DECEMBER} TWO THOUSAND^{ANDTWENryFIVE}

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PRESENT

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THE HONOURABLE^{MRS JUSTICESUREPALLI NANDA}

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WRIT PETITION NO:^{39547oF 2025}

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Between:

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Errolla Srinivas,^{S/o. E. Vijjiah, Aged about 46 years'Occ'FormerSC/ST} Commission^{Chairman, wo. Cz-ts-zlan, SanjeevaiahNagar' East} Maredpally, Secunderabad,^{Hyderabad - 500026'}

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...PETITIONER

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ANO

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The State of^{Telangana, Representedby its ChiefSecretary' Dr' B R'} Ambedkar Secretariat^{Building, Hyderabad'}

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The State^{of Telangana,Rep by its Principal Secretary'} -Ge-19ral

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AdministrationDepartment,Dr'BR'AmbedkarSecretariatBuilding' Hyderabad.

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Ihe State^{of Telangana, Represented by its Principal Secretary'^Ex-Officio}

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S""t"tuw, I and PR- Ge;eral Administration (Ser'A) Department' C/o' Dr' B' R. Ambebkar Secretariat^{Building, Hyderabad'}

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The State of^{Telangana,Rep by it's Principal Secretary'Department of} lnformation^{Technology, Elecironicsand Communications'C/o' Dr' B R'} Ambedkar Secretariat^{Building, Hyderabad'}

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- The C Department, Public^{lnformation officer and Assistant Secretary C/o. Dr' B' R' Ambedkar Secretariat Building' to Govemment, Hyderabad-ITE} "nJ

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...RESPONDENTS

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Petition under^{Article 226 ol lhe Constitutionof lndia prayingthat in the} circumstances^{stated in the affidavitfile.d therewith' the HighCourtmay be pleased} to issue an order^{or orders more particularlyone in the nature of writ of mandamus'} declaring the^{actionof the respondentstatein not uploading the GovemmentOrders} (G.O.),Notifications,RulesandCircularsinofficialwebsitestokeepthemavailable in the^{public domainis illegal' arbitrary against the principlesof natural justiceand}

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ffi

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also against the provisions of the lnformation Techncl, ,gy Act 2005 and Consequently direct the respondents

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(a) To publish all the Govemment Orders (G.O.), Nct fications, Rules and Circulars in the official web Portals and updating the C. ).'s passed by the government to the public domain in Respondents official websit r.

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(b) To appoint a senior officer who shall be responsible or promptly updating the government websites and also ensure proper flow of contr nt to the official sites of the respondent state besides updating all G.O.'s, Noti ications, Rules and Circulars from time to time as and when issued by the res t ondent state and its departments.

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Counsel for the Petitioner: SRI RAMAVARAM CHANDRAS - EKAR REDDY Counsel for the Respondent No.1 to 3: GP FOR GENERAL , TDMINISTRATION Counsel for the Respondent No.4 & S:GP FOR INFORMAT⁽ ,N & TECHNOLOGY The Court made the following: ORDER

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA}

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AT HYDERABAD

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THE HON'BLE MRS. JUSTICE^{SUREPALLI NANDA}

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WRIT PETITION No.39547 of ?025

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DATE: 23.12.2O25

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BETWEEN:

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Errolla S rin^{iva s}

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.Petitioner

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And

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The State of Telangana.

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Represented by its Chief^Secretary,

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Dr. B.R.Ambedkar Secretariat^Buildlng,

Hyderabad and others

Respondents

ORDER

Heard Sri R.Chandrashekar^{Reddy, learned} courrsel appearing on behalf^{of the petitioner,learned} Government Pleader^{forGeneralAdministration} appearing on behalf^{of the respondent Nos.1 to 3 and} the tearned Government^{Pleader for Information and}

SN,J W.P. t ,.39547 of 2025

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Technology appearing on behalf of the espondent

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Nos.4 and 5.

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2.7 he etitioner a oroached the^-Co,r rt seeki nq

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Draver as under:

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" ....to issue an order or orders more p. ticularly one in the nature of writ of mandamus, decl ring the action of the respondent state in not uplo:1ing the Government Orders (G.O.), Notifications, R rles and Circulars in official websites to keep them a z rrlable in the public domain is illegal, arbitrary ac i inst the principles of natural justice and also ac; inst the provisions of the Information Technology Act 005 and Consequently direct the respondents

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(a) To publish all the Government Orde-: (G.O.), Notifications, Rules and Circulars in the orf cial web Portals and updating the G.O.'s passec by the government to the public domain in Respond€r ts official website.

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b) To appoint a senior officer who shall be rr sponsible for promptly updating the government we ) ;ites and also ensure proper flow of content to the offrci rl sites of the respondent state besides updating ;r G.O.,s, Notifications, Rules and Circulars from time :, time as

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SN,' W.P.No.39547 of 2O25

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)

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and when issued by the respondent^{state and its} departments

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and to pass such other order^{or ordersas this} Hon'ble Court may deem fit and^{proper in the interestof} justice"

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3 se h etiti rinb s er rme ade in ffida led b etitio in suo ort of the o sent writ Detition is as under:

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i) The limited relieF as sought^{for by the petitioner in the} present writ petition is a direction to^{the respondent State to} upload and regularly update^{allGovernmentOrders,} notifications, rules, and^{circulars on official Government} websites and to appoint^{responsible officers for the same.}

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ii) Several important G.O.s^{are not availablein the public} domain and, as^{revealed under the RTI Act, out of 19,064} G.O.s issued during^{the relevant period, only 3,290 are} available online.^{This non-disclosure violates the principles} of transparency,^{good governance, and the mandate of the} RTI ACt.

SN,J W.P. 10.39547 ot 2025

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l i I I I l l I

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iii) Despite G.O.Ms.No.4 dated 10.04.201 / and earlier directions of the Division Bench of this lourt dated 70.03.2022 passed in W.p.(pIL) No.121 (,t 2019, the respondents have failed to upload all G.(.s, thereby infringing the public,s right to know. Agqri, ,ved by the same, the petitioner approached this Court ry filing the present writ petition.

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4, PERUSED THE RECORD

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A) T s t el an f tad i su 1^quidelines for uoloadinq all the Gov rnment rdr rs on the official website based uDon the q idelln€ : issued trv h G ern en of di An th sa ( G.O. ts extracted hereunder:

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"GOVERNMENT OF TELANGANA

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ABS CT

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ITE&C Dept. - Digital Media _ Guidelines f: Indian Government websites (GIGW) - Compliance : I all the State Government entities in RFps, Lol:; Scope Statements, Requirements Specifications anrj all such documents while developing web_sites, portals, applications, MIS, Digital Dashboards and I ler such

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SN,J W.P.No.39547 of²⁰²⁵

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online publications -^{Designating DigitalMedia wing,} ITE&C Dept., as the^{Nodal Agency for GIGW} -^Orders - Issued.

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INFORMATION TECHNOLOGY,^ELECTRONICS& COMMUNICATION^DEPARTMENT

(Digital Media)

G.O Ms. No.4

Dated :10 04.2017

Read th efo llowinq^{: -}

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Guidelines for Indian^Government Websites (GIGW) formulated^byNational Informatics^{Centre(NIC) and adoptedby} Department of^{Administrative Reformsand} Public Grievances^{(DARPG),Ministry of} Personnel, Public^{Grievances&Pension,} Government of India -^{web.guidelines.govin}

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Central Secretariat^{Manual of Orficer} Procedure^{( 14th edition).}

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Interim orders^dated 09. 12.2016 IN W.P.No.29214 of 2015^of High Court of Judicature at^Madras.

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ORDER:

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Realising the^{importanceof WorldWide Webas} the most^{widely used medium for implementationof} e-governance^{initiatives, TelanganaGovernmentand} its entities^{were one of the first in the country to have} come up^{with large numberof web/onlineapplications} to ensure^{maximum reachof governmentinformation} and services to^{the citizens. However,very soon a}

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I I

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SN.J W.P t 0.39547 of 2025

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need was fell for an overarching commc I set of standards from technical editorial sa b ility, accessibility and administrative standpoints.

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In February, 2009, National InFormatic; Centre (NIC) has formulated Guidelines for Indian Government Websites (GIGWI in accordan: : to the internationally accepted standards to ensurC that the websites belonging to any constituent of the government of any level are user friendly, s: :ure and easy to maintain.

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Compliance to GIGW will en; I te the departments to enhance the quality of onlin: tlelivery of information and services and also en; rre high degree of consistency and uniformity In the management of government presence in he web space.

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The said Guidelines were adop:ed by Department of Administrative Reforms a-r j public Grievances (DARPG), Ministry of personne , public Grievances & Pension. Government of Inc,i,t and the same have been included in the Central S( cretariat Manual of Office^procedures (CSMOP). pz r I 63 of CSMOP on Maintenance of Websites, reads a:;^.ollows:

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'All Central Govern^r- ent N4 in istries/Depa rtments/Offices/pSU s should have a Website containing uprt rted da talinformation in compliance witl- lhe Guidelines of Government of I rdia Websites (GIGW) available on the wel), ites of Department of Electronics & Inforrr; :ron Technology (www.deitv. nic_ in) and of the Department of Administrative Reforrr; & Public Grievances ( www.da rOO.nic.ir nodal officer should be appointed fo. the purpose and the Website uc,l rted regularly."

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SN,J W.P.No.39547 of²⁰²⁵

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The Union Government^{from time to time have} been writing to the State^{Governments to ensure that} all the websites^{under theirpurviewalso conform to} GIGW. Hon'ble High^{Court of Judicature at l'ladras} also directed the^{UnionGovernmentto ensure all the} Government websites^{to get GIGW-compliant.}

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In pursuant to the^{interim orders of Hon'ble} High Court of Judicature^{at Madrasin the reference3} read above and advisories^{from Union Government,} the IT,E&C Department^{has undertakenGIGW} Compliance Project^{(GCP) to makeall the existing} websites GIGW-comPliant.

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Government, after^{careful examination,hereby} order that all on-going^{and future websites/portals of} Departments, HoDs and^{other State Government} entities shall comply to^{GIGW.In this regard,the} constituent of State^{Government developingwebsite} or portal shall mandatorily^{include GlGW-Compliance} as part of its^{RFPS, Lols, scope statements,} Requirements Specifications^{and all suchdocuments} Glcw-compliance^{shall run through entire life cycleof} project management and^{this shall apply to later} improvements,^{extensions, modificationstothe} website/portal, if^anY.

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All the Departments,^{HoDs and otherState} Government entities^{shall appointa senior officer as} Web Information^{Manager whose role would be to} ensure that there^{is a proper flow of contentto the} site and that content^{quality and user satisfaction} issues are taken care^of.

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The Digital Medla^{Wing of IT,E&C Department} will act as the Nodal^{Agency to all the requestsfor} assistance with^{regard to the Glcw-complianceand} other website/portal^{related issuesThe IT,E&C} Department shall^{also conductsesslonsfor capacity}

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SN.J W.P I 0.39547 of 2025

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building/ knowledge transfer and for the init t I phases of pro]ect management shall hand-hold t1e Web Information Managers in making their webs t t/ portal compliant to GIGW.

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Though the term website or portal rs used in this document for the convenience. of wrlj ,ng, the same applies to all the Web Applications. Ma.1 rgement Information Systems, Digital Dashboards or ny such online publication on the web space.

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This G.O. is applicable to all t. I State Government Departments/Organisations/ Societies/ PSUs/ Corporations/ Companies and other entities using websites/portals.

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A copy of this order is available on Int( -net and can be accessed at address,' oir.telan ana.c⁽ v. in ".

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(BY ORDER AND IN THE NAME OF"]'I IE GOVERNOR OF TELANGANA)

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JAYESH RANJAN

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PRINCIPAL SECRETARY TO GOVE {MENT"

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B) The relevant portaon of the Davision E ench order of this Cou dated 1().03 ,2 22 ,asse IN W.P.(PIL).N .12 1 of 2O19 is xtracte her E under:

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"ln the light of the aforesaid, as there rr already a Government Order for uploading of Gc:rnment Orders in the official websites of different dei) ftments

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SN,J w.P.No.39547 of 2025

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of the State of Telangana, the State Government^is directed to follow its own Government Order^i.e., G.O.Ms.No.4, dated 10.04.2017 and in case some of the Government Orders have not been uploaded,^the same be uploaded^positively within a^period of eight weeks from today,^"

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DISCUSSION AND CONC LUSION:

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It is represented by the learned counsel^appearingon behalf of the^petitioner that the^issue in the^{present writ} petition is squarely covered by the Division Bench order of this Court dated 10.03.2022^passed in^{W.P.(Public Interest} Litigation) No.121 of 2079 and hence, the^{present writ} petition may be disposed of in terms of the aforesaid order.

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Learned Government Pleader for General Administration appearing on behalf of the^{respondent Nos.1} to 3 does not dispute the saici^{submission made by the} learned counsel appearing on behalf of the^petitioner.

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A bare perusal of G.O.Ms.No.4 dated 01.O4'2017 indicates that the Government has taken a^decisionby issuing the aforesaid Government^{Order to upload all the}

,-.n'

SN,J W.P,l 0.39547 ol 2025

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Government Orders on the official website an( to appoint a nodal ofFicer for this matter in each and every (l )partment.

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A. TAKIN G INTO CONSIDERATION:

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a) The aforesaid facts and circumsta r :es of the case,

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b) The submissions made by the learr 3d counsel . appearing on behalf of the petitioner and he learned Government Pleader for General Adr rinistration appearing on behalf of the respondents,

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c) The contents of the G.O.Ms.Nc ,4, dated LO.O4.2OI7 (referred to and extracted abov e),

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d) The relevant portion of the Division 3 ench order of this Court dated LO.O3.2O22 passed irl w.P.(PrL) No.121 of 2019 (referred to and extracted ; bove),

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e) The discussion and conclusion as arrived at paragraph Nos.s to 7 of the saad order,

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The writ Detition is disDo dofint, :'ms of the Division Bench order of this C urt dated ..o.()3.2022

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SN,J W,P.No.39547 of 2O25

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As therets pa d in W.P.(PIL) .No.121 of^2O19. ad vern n rde ru lo o Government o ers in the^{offaciaIwebsitsof} diffe ntd el, art ents of the State ot Tela n^o ana the State Governm nt is directed to^{follow its} own Governme nt Order !.e G. O.Ms.No.4. dated 10.o4.2OL7 and ln case^{some of} he Government Orders had not been^{uoload ed. the same be uoload ed} Dositivelv within a^{Deriodofeiqht(8) weeks from} todav. However, the^re shall^be o 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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//TRUE^COPY'/

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sD/- A.SREENIVASA^REDDY / -- ASSISTANT REGISTRAR / (tSECTION^OFFICER

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To,

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The^{Chief Secretary, Dr. B.R.AmbedkarSecretariat Building'Hyderabad'} State of^Telangana'

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fhe^{Principal Secretary'General'Administration Department'} Dr. B.^{R.Ambedrt" s""'"tl'i'i'euitoin j' Hyae rabad'State of Telan gana'}

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3 The Princip,l^{S"t'"t"ty'e*-OfficioSecreta'y^'I &^!R General Administration} (s er. A) Department,^{c/"' il;Jil;b"d rai SecretariatB uild ing' -:::-11"}

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4 rhe^{P ri nci p,r} I "9Pqv' c?o:r'sl"3l "ll^Tffi:':lJ" #"?1131;^{F' ff'l|ffi} and^{Communications'}

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. TlleJauli:^{,nrormation officer and Assistant.secretary to Government' lrE&c} Department,^{C/o' Dr' B 'dliffi;i;; secretariat Buildins'Hvderabad'}

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6 One^{CC to SRI nnrt'rnVnnnVrCHANDRASHEKARREDDY'Advocate}

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,. ' ltJJ;l'^{to GP FoR GENERALADMlNlsrRArloN'High courtfor the state} at HYderabad TOUTI

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"if"6tsr"a,

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Two CCs to GP FOR INFORMATION & TECHNOLOC' , High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

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(Along with the copy of order dated 10.03.2022, in W.P.(t lL).No.l21 of 2019)

BSR TKS^Yv

CC TODAY

HIGH COURT

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DATED: 2311212025

ORDER

WP.No.39547 ot 2025

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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\3^.rf,4 S$"

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THE HON'BLE TTIE CHIEF^{JUSTICESATISH CHAI{DRA SHAR!'IA} AND

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THE HON'BLE SRI JUSTICE AEHINAND^{KUMAR SHAVILI}

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WRIT PETITION IPILI No.121 of 2Ol9

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ORDER: Per the Ho^'bte^the Chief^{JusticeSotishchandrc Shoma)}

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The present public interest litigation^{has been filed by the} petitioner, who is a social activist, stating^{that the State of} Telangana is not uploading the^{GovernmentOrderson the} oflicial website of the State^{Government.He hasstatedthatthe} State itself has issued G.O.Ms.No.4,^{dated lO.O4.2Ol7 providing} guidelines for uploading all the Government^{Orderson the} oflicial website based upon the^{guidelines issued bythe} Government of India.^{G.O.Ms.No.4,dated10.04.20 17 readsas} under:

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"GOVERITMENT OF TEL,IINGANA ABSTR^ET

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ITE&C Dept. Digrtal Media Guidelines for Indian Government wcbsites^(GIGWI -^{Complialce by all the State} Government entities in RFPS,^{Lols, ScoPeStatements,} Requirements Specifrcations and^{all such documents while} developing web-srtes,^{portals,applications,MIS,Digital} Dashboards and other^{suchonline publications} -^Designating Digitat Media^{wing, ITE&CDept., as the NodalAgencyforGIGW} -^Orders -^Issued.

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TIIFORXATIOi AECHIIOI'GY,^{ELRCTROIIICS &} (Digital Medial^{COIII I'NICITIOIfDEPARI} "EII|

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C.O.Ms.Na1!

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Dated:1O.O4.2017 Read the following:-

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L Guidehnes for Indian Covernment ,\ -'bsites (GIGW) formulated by National Informatics Cent I {NIC) and adopted by Departmcnt of Administrative I :Iorms and Public Grievances (DARPG), Ministry of P, r ronnel, Public Grievances & Pension, Government ol ildia web.guidelines gov.in

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Central Secretariat Manual o[ Offrcer Fr cedure (14'h edition).

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lnterim orders dated 09.12,2C I r in W.P.No.29214 of 2Ol5 of High Court of Jr.rdi, r .ure at Madras.

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ORDER

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Realising the importance of World Wide Web as t rri most widely used medium for implementatron oI e-g< r 'rnance rnitiatives, Telangana Government and its entities \r,€ r one of the flrst in the country to have come up with large rL nber of web/onllne applications to ensure maximum rr:h of government information and services to the cltizens. I very soon a need was fell for an overarching comm: L Set of standards from technical editorial usabilitl,, accessi ) ity and administrative standpoints.

¶178

kr February, 2009, National Informatics Cer,t e (NIC) has formulated Guidelines for lndian Covernmen t /cbsites (GIGWI in accordance to the intemationally accepte(l ir rndards to ensure that the websites belonging to any constitu_- t o[ the government of any level are user friendly, secure a.C easy to maintain.

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3- Compliance to GIGW will enable the depar r ents to enhance the quality of online delivery of informirl on and services and also ensure high degree of consisti cy and uniformity in the management of government preser( ' in the web space.

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t. +,!: is' TI t;l.l r; ll i

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The said Guidelines were adopted by Del)ar nent of Administrative Reforms and Public Grievancc-" )ARpc), Ministry of Personnel, Public Grievances & )ension, Government of lndia and the same have been inclu,l, i in the Central Secretariat Manual of Ofhce Procedures (CSI\lr t'), para 63 of CSMOP on Marntenance of Websites' reads as ,b I ws:

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'All Central Govern r :nt Ministries/ Departments/Oflices/ pSUs should t rve a Website containing updated data/informati( )r n compliance with the Guidelines of Governnrco of India Websites (GIGW) availabte on the website of

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I i { t- i il ti li B

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Department of Electronics & Information Technolory ln and of the Department of Administrative Reforms & Public Grievances (www.darpg.nic.in) A nodal officer should be appointed for^the purpose and the Website updated regularty."

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The Union Government from time to^{time havebeen} writing to the State Governments to ensure^{that all the websites} under their purview also conform^{to GICw.Hon'bleHi8hCourt} ofJudicature at Madras^{also dlrected the Union Governmentto} ensure all the Government^{websites to get Glcw-comPliant.}

¶189

In pursuant to thc^{rnterimorders} of^{Hon'bleHigh Court} of Judicature at Madras in the^{reference 3 read above and} advisories from Union Govemment,^{the IT,E-&CDepartmenthas} undertaken GIGIV Compliance^Project {GCP)^{to makeall the} existinB websites GIGW-compliant.

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Govemment, after careful^{examination, hereby order} that alt on-golng and future^websites /^{portals o[ Departments,} HoDs and other State^{Governmententities shallcomPlyto} GIOW. In this regard, the^{constituentof StateGovernment} developing website or^{portal shatt mandatorilyincludeGIGW-} Compliance as part of its^{RFPS, tols,Scope Statements,} Requirements Speciltcations and^{all suchdocumentsGIGW-} compliance shall run through^{entire life cycteof} Project mana8ement and this shall^{apply tolaterimprovements,} extensions, modifications^{to thewcbsite/portal, if any.}

¶191

Alt the Departments, HoDs^{and other StateGovernment} entities shall appoint a senior ofllcer^{as Web lnformation} Manager whose role^{would be} to^{ensure thatthere is a proper} flow of content to the^{slte and thatcontent quality anduser} satlsfaction issues are taken^{care of.}

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The Digital Media^{wing of IT,E&C Departmentwill actas} thc Nodal Agency to all the^{requestsfor assistancewith regard} to the Glcw-comphance and other^{website/portalrelated} issues- The lT,E&C Department^{shall also conductsessions for} capacity building/ knowledge^{transfer and forthe initial} Phases of project management shall^harld-hold the^{Web Information} Managers in maling their^website/ Portal^{compliant to GIGW.} 10. Though the term^website or^{portal is used in this} document for the convenrence of writin8,^{the salne applies to all} the Web Applications, Management Information Systems, Digital Dashboards or any such online Publication^{on theweb} sPace.

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1l. This G.O, is applicable to all the State Government Departments/Organisations/ Societies/ PSUs/ Corporations/ Companies and other entlties usirtg^websites /^portals.

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E F Er I t !

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12 A copy of this order is available on [nternet arc can be accessed at address goir. telanRana.qov. in".

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IBY^{ORDERAI{D II{THEIIAIIEOFTHE} COVERIIOR^{OF TELAIANA)}

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JAYESH RAT{JAN PRINCIPAL SECR"ETARY TO GOVEIII MENT"

¶199

The aforesaid Government Order makes it ve l clear that the Government has taken a decision by issuing rl e aforesaid Government Order to upload all the Government C r lers on the official website and a nodal officer has to be appo rted in the matter in each and every department.

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In the light of the aforesaid, as there rs already a Government Order for uploading of Government⁽⁾ ders in the official websites of different departments of rl I State of Telangana, the State Government is directed to fo. ow its own Government Order i.e., G.O.Ms.No.4, dated 1O.O4 1Ol7 and in case some of the Government Orders have not bee r uploaded, the same be uploaded positively within a period ot :ight weeks from today.

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,lf*i, fT il'+i 'li i' I i: , :: l

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With the aforesaid, the pubtic interest litillr tron stands disposed of.

.' ll {. 'J

;} r i 1

!'1.{'l l

Miscellaneous applications pending, if any, shall stand

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r t'I t I:i I I

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closed. There shall be no order as to costs.

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SATISH CHAITDRA STIAR}IA, C.'

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ABHINAITD KUMAR SIIAVILI, J

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to.o3.2022 ES

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t t

T.Srinivas v. The State of Telangana

Case brief

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T.Srinivas v. The State of Telangana

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