[ 3301 I

(sHow CAUSE NOTICE BEFORE, ADMISSION)

IN THE HIGH COURT T-OR THE STATE OF TELANGANA
AT HYDT'RABAD
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NOs: 24113 AND 25028 OF 2024

WRIT PETITION NO: 24113 OF 2024

Between:

Ms. Adluri Harshini, D/o A. Devi Prasad.

Petitioner

AND

l. Telangana Public Service Commission (TGPSC), Rep. by its Secretary, Prathibha

Bhavan, Nampally, Hyderabad.
2. The State of Telangana, Rep. by its Principal Secretary to Government, General
Administration Department, Secretariat, Hyderabad
3. Sports Authority of Telangana State, Rep. by its Vice Chairman and Managing
Director, L.B. Stadium, Basheerbagh, Hyderabad.
Respondents

WHEREAS the Petitioner above named through her Advocate Sri. J

SUDHEER presented this Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High Court may be pleased in
the interest ofjustice it is humbly prayed (a) to hold non-consideration of Form-II candidates
under Group-I Notification. even in the eventuality of non-availability of Form-I candidates
is illegal. unfair and contrary to the very policy of the Government to provide reservation for
sports persons under G.O [Link].74, dated 0910812012 (b) to direct the 2nd respondent State
to issue clarification that in the absence of Form-I candidates Form-II candidates can also be
consider for Group-I services as otherwise. it defeats the very policy of the Government in
providing 2 percent reservation for sports persons and (c) consequently direct the respondents
to allow the petitioner, who is a Form-II candidate to participate in the main examination/
selection process in view of the absence of Form-I candidates in the ratio prescribed to the
vacancies notified under sports quota (d) alternatively hold that non-consideration of claim of
the petitioner under BC-B communal reservation. which is totally illegal and arbitrary and
unconstitutional and (e) consequently direct the respondents to participate in the selection
process/ main examination of Group-I services at least under BC-B category (e) by issuance
of Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus;

-, AND WTIEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri J SUDHEER Advocate for the Petitioner
and Sri [Link] Reddy, for respondent No.l, GP FOR GAD for respondent No.2, SRL
SATISH REDDY for respondent No.3, directed issue of notice to the Respondents herein to
show cause as to why this WRIT PETITION should not be admitted.

You viz

1. The Secretary, Telangana Public Service Commission (TGPSC), Prathibha Bhavan,

Nampally, Hyderabad.
2. The Principal Secretary to Government, General Administration Department, State of
Telangana, Secretariat, Hyderabad.
3. The Vice Chairman and Managing Director, Sports Authority of Ielangana State,
L.B. Stadium, Basheerbagh, Hyderabad

are directed to show cause on or before 21.11.2024 to which date the case stands posted as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted.

IA NO: I OF 2024

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 allow the petitioner to participate in main examination/ selection process,
pending disposal of WP No. 24113 of 2024, on the file of the High Court.

WRIT PETITION NO: 25028 OF 2024

Between:
1. G Raju, s/o Lachalrya
2. B RavindraRaju, s/o B V S S Raju,
3. M Nagarjuna, s/o M Biksham,
4. V Prem kumar, S/o Srinivas
5. P Adithi Nayana, Dio Dasharath
6. Gurram Sampath, S/o G Venkati,
Petitioners

AND

l. State of Telangana, Rep. by [Link] Secretary, Department of General

Administration, Telangana Secretariat, Saifabad, Hyderabad.
2. State of Telangana, rep. by its Principal Secretary, Youth Advancement, Tourism and
Culture (Sports) Department, Telangana Secretariat, Saifabad, Hyderabad.
3. Telangana Public Service Commission, Telangana Public Service Commission, Rep.
by [Link], Prathibha Bhavan, M.J. Road, NaMpally,.Hyderabact-500 001.
4. Sports Authority of Telangana State, Rep. by its Vice Chairman and Managing
Director, L.B. Stadium, Hyderabad.
Respondents

WHEREAS the Petitioners above named through their Advocate Sri. M

SRINIVAS presented this Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High Court nray be pleased to
issue an appropriate order, writ or direction more particularly one in the mture of writ of
mandamus declaring the action of the. respondents in calling only the candidates who have
represented India in an International CompetitiorVMultinational Competitions in one of the
recognized Games/Sports (Forrn-l), fbr certificate verification for recruitment under
Notification No.2 of 2024, dated 19.02-2024 issued by 3rd respondent, under sportspersons
quota, vide Web Note dated 22.01.2024 issued by 3rd respondent as illegal, arbitrary,
contrary to [Link].74, Youth. Advancement, Tourism and Culture(Sports) Department,
dated 09.08.2012, [Link].l07, General Administration (Ser.D) Department. dated
27.07.2018 read with [Link].5, Youth Advancement. Tourism nand Culture (Sports)
Department, dated 14.05.2018 and the Notification No.212024, dated 19.02.2024 issued by
3rd respondent, as the Form cannot control the terms of the Notification, and consequently
direct the respondents to consider all the eligible candidates as per the merit. including the
petitioners, in accordance with the preference of sports disciplines recognized for 2oh
reservation in direct recruitment in Government Departments and Government Institutions
from the recognized sports. in terms of [Link].74, Youth Advancement. Tourism and
Culture (Sports) Department, dated 09.08.2012,[Link].107. General Administration
(Ser.D) Department, dated 27.07.2018 read with [Link].5, Youth Advancement,
Tourism and Culture (Sports ) Department, dated 14.05.2018 and the NotificationNo.2l2l24,
dated 19.022024. read with amended Rule 2 sub-rule (20) of the Telangana State and
[Link] Rules, 1996, in recruitment for Group-I Services vide Notification No.2
of 2024, dated 19.2.2024 issued by 3rd respondent in the interest ofjustice;

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri M SRINIVAS Advocate for the Petitioner
and GP FOR GAD for respondent No.l, GP FOR YOUTH TOURISM & CULTURE for
respondent No.2, Sri [Link] Reddy, for respondent No.3, SRI SATISH REDDY for
respondent No.4, directed issue of notice to the Respondents herein to show cause as to why
this WRIT PETITION should not be admitted.

You viz

l. The Principal Secretary, Department of General Administration, Telangana

Secretariat, Saifabad, Hyderabad.
2. The Principal Secretary, Youth Advancement, Tourism and Culture (Sports)
Department, Tel angana S ecretariat, S aifabad, Hyderabad.
3. The Secretary,Telangana Public Service Commission, Telangana Public Service
Commission, Prathibha Bhavan, M.J. Road, Nampally,.Hyderabad-500 00 I .
4. The Vice Chairman and Managing Director, Sports Authority of Telangana State,
L.B. Stadium, Hyderabad.

are directed to show cause on or before 21.11.2024 to which date the case stands posted as to
why in the circumstances set out in the petition and the affrdavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted.

IA NO: I OF 2024

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 permit all the eligible meritorious sports candidates, including the petitioners,
who claimed under sports quota reservation, as per the prescribed qualiffing marks in the
preliminary examination in accordance with the preference of sports disciplines recognized
 for 2o/o reservation in direct recruitment in Government Departments and Government
Institutions from the recognized sports in terms of [Link].74, Youth Advancement,
Tourism and Culture (Sports) Department, dated 09.08.2012, [Link].107, General
Administration (Ser.D) Department, dated 27.07.2018 read with [Link].5, Youth
Advancement, Tourism and Culture (Sports) Department, dated 14.0.t.2018 and the
Notification No.212024, dated 19.02.2024, read with amended Rule 2 sub-rule (20) of the
Telangana State and Subordinate Service Rules, 1996, in recruitment fbr Ciroup-I: Services
vide Notification No.2 of 2024, dated 19.2.2024 issued by 3rd respondenl, irrespective of
Form-l referred under Annexure III of [Link].74, dated 09.08.2012, ;n the interest of
justice, pending disposal of WP No. 25028 of 2024, on the file of the High C)ourt
The Court made the following:
ORDER:
Notice before admission.
Heard Sri [Link], learned senior counsel, appearing for the pr:titioner in W.P.
No.24113 of 2024, and Sri [Link] Mohan Rao, learned senior coursr3l appearing for
[Link], learned counsel for the petitioner in [Link] .25028 of 2024,, and Sri [Link]
Reddy, Iearned Special Government Pleader appearing on behalf of learned Additional
Advocate General, for respondent-TGPSC.
Leaned senior counsel appearing for the petitioners respectively have contended
that in pursuance to the notification No.2/2024, dated 19.02.2024. issued by the
respondent-TsPsc to fill up 563 posts in Group-I Services in the State of Telangana,
the petitioners have applied against 2o/" Sports quota where 4 [Link] were notified
out of 563 posts provided in the notification in terms of [Link].l\o.107, General
Administration (Ser.D) Department, dated 27.07.2018, and [Link].5, Youth
Advancement, Tourism & Culture (Sports) Department, dated 14.05.21)18. Clause 4 of
the notification dated 19.02.2024 deals with reservation and clause 4.7 thereof stipulates
that the reservation to meritorious sports persons is applicable as per the amendment
made to the Telangana State and Subordinate Rules, 1996, vide [Link].107, GAD
(Ser.D) Dept., dated 27.07.2018 i.e. Rule 2for sub-Rule (20) and in Rule 22 (i) in sub-
Rule (2), for clause (d) and likewise for implementing the reservatiorr to Meritorious
Sports Person, [Link].S, YAT & C (Sports) Department, dated 1{.05.2018, has to
be followed. Learned senior counsel have further submitted that the Government has
issued [Link].107, dated 27.07.2018, amending sub-rule (20) of Rule 2 of the
Telangana State and Subordinate Service Rules, 1996, defining the word 'Meritorious
Sportsman'. Further, as per the policy of the erstwhile Governrnent of Andhra
Pradesh, [Link].74, dated 09.08.2012, provides reservation of 2ol, for meritorious
sportspersons in direct recruitment in Government DepartmentsAJnrlertakings/grant-
in-aid Insfitutions at all levels and the same is being followed by thr: Government of
Tel:rngana. Further, as per clause (ii) paragraph No.2 of [Link].74, dated
09.08.2012, the performance of the individual in having obtained medals/participation
in disciplines for deciding a meritorious sportsperson, against 2"h sporls quota, as

mentioned in Annexure-Il to the said G.O., shall be the criterion for claiming
reseruation under the sports quota. Therefore, the web note issued by the third
respondent dated 22.07.2024 stating that as per [Link].74, dated 09.08.2012, the
only candidates who have represented India in an international competition/
multinational competition in one of the recognized games/sports (Form-I) are eligible
for claiming sports reservation for Group-I posts, is illegal, arbitrary and contrary to
[Link].74, dated 09.08.2012 itself. Learned senior counsel have further contended
that similar issue was dealt with by the Hon'ble High Court of Andhra Pradesh and the
learned Single Judge of the said Court has elaborately considered the issue and granted
relief in favour of the petitioners therein holding that Annexure-I and II are the only
criterion and Annexure-Ill has no relevance to claim reservation under 27o sports
quota. Reliance has been placed on the orders passed by the High Court of Andhra
Pradesh viz., (1) dated 29.07.2021 in W.P. No.11057 of 2021; (2) dated 09.08.2024 in
W.P. No.16062 of 202A; (3) dated 01.09.2021 in W.P. No.6771 of 2021; (4) dated
24.01.2022 in W.P. No.13979 of 2020; and (5) dated 17.12.2021 in W.P. No.18431 of
2021.
Per contra, the leaned Special Government Pleader appearing for respondent
No.3-TGPSC has contended that as a Sports Policy, the Government has issued
[Link].74, dated 09.08.2012 extending 2"h reservation to the sports persons under
direct recruitment in Government at all levels, and also issued certain guidelines. As
per guideline No.12, the appointing authority shall submit the certificates in Form-I,
Form-II, Form-III and Form-IV, as the case may be, as prescribed in Annexure-Ill to
the Sports Authority of State of Telangana. After scrutiny by the Sports Authority of
State of Telangana like genuineness of the certificates, veriffing the medals/ranks, etc.
the applications will be forwarded to a Committee at Government level in Youth
Advancement, Tourism & Culture (Sports) Department, and the said Committee shall
finalize the proposals and issue eligibility certificate for appointment under Sports
Quota. Further, the Principal Secretary/Secretary, Youth Services & Sports, will be the
Chairman/Chairperson of the said committee whereas the Principal
.
Secretary/Secretary, Home Department, Principal Secretary/Secretary, General
Administration (Services) Department, and Vice Chairman & Managing Director,
Sports Authority of the State of Telangana, will be the members of the said Committee.
After scrutiny of the sports certificates along with concerned Forms furnished by the
candidates, the Committee shall forward to the Recruiting Agencl' the eligibility
certificates for appointment under Sports quota in various categoriet;. F'urther, the
eligibility certificates issued by the Committee shall be valid for the notification issued
by the Recruiting Agency, which shall be mentioned in the certificate only. Therefore,
as per [Link].74, dated 09.08.2012, the candidates who have reprr:sented India in
an International Competition/lVlultinational Competition in one of the recognized
games/sports (Form-I) are only eligible for claiming Sports Reservation for Group-I
services and therefore the third respondent is justified in issuing 'ryeb note dated
22.07.2024. Reliance has been placed on Sanjay Kumar Manjul v. Chairman, UPSC and
others [(2006) 8 SCC 42].
Having regard to the submissions made by the respective counsel, this Court is of
the view that as per clause 4.7 of the notification issued by the third respondent for
recruitment to Group-I services, [Link].107, GAD (Ser.I) Department, dated
27.07.2018 and [Link].S, YAT (Ser.I) Department, dated 14.05.;1018 have to be
followed. As per the amendment made to rule 2, for sub-rule (2), vide [Link].N0.107,
dated 27.07.2018, the word 'Meritorious Sportsman' means as under:

"individual who has participated in the disciplines or obtainel Medals

mentioned in the Annexure-I and II respectively to [Link].74, YAT&C
(Sports) Department, dated 09.08.2012, or as may be revised' by the
Governmentfrom time to time".
Further, [Link].S, YAT & C (Sports) Department, d:rted 14.05.2018,
provides 2oh reservation to Meritorious Sports persons horizontally in all direct
recruitments. As per the Government's Sports Policy, for better performance of the
persons in the filed of Sports, vide [Link].74, dated 09.08.2012, the sports
reservation of 2Y" in direct recruitment in all Government Departmr:nts is provided.
Clause 2 (ii) of the said notification is reproduced hereunder for better understanding:

"The performance of the individual in having obtained

Medals/participation in disciplines for deciding a meritorious spo,4sperson,
againsl two percent (2%) sports quota as mentioned in Annexure-Il to this
order, shall be the criterion, keeping in view the participation in r,ecognized
sports disciplines as per Annexure-I to this order, or as may be revised by the
Governmentfrom time to lime."
 In vi*r' of the above, thi.s Court finds force in the contentions urged by the
learned scnior counsel appearing for the petitioners respectively. However, this Court
is also of the primo facie vierv that the matter requires a detailed consideration, for
which, counter affidavit from Government as well as third respondent are required.
Therefore, to balance the equities, as an interim measure, pending the Writ
Petition, the respondents are directed to allow the petitioners to participate in main
examination/further selection process. However, the results of the petitioners shall not
be declared pending further orders of this Court.

Post [Link].2024 for counter(s).

, Sd/.-MOHD.

t.

i/TRUE COPYII

SECTION OFFICER

To,

I The Principal Secretary Department of General T,elangana

Secretariat, Saifabad, Hyderabad
2. The Principal Secretary Y outh Advancemen t, T ounsm and Culture (Sports)
Department, T elangana S ecretariat, Saifabad, Hyderabad.
3. The S ecretary, Telangana Public S ervice Commission, T elangana Public Service
Commission, Prathibha Bhavan, M. J . Road, Nampall v 00 1
4. The V rce Chairman a4d Managing Director Sports Authori ty of Telangana S tate,
L.B. Stadium, Hyderabad.
to 4 by RPAD- along wt th a copy of petition and Afhdavit)
5. One CC to SRI J SUDHEER Advocate t o PU,cl
6. One CC to SRI M SRINIV AS Advocate t o PU cl
I
:

7. One CC to SRI. M RAM GOP AL RAO (SC FO R TSP S c) Advocate oPUCI

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8. Two CC S to GAD, Hish Court at Hyderabad t oUT] I

9. Two to YOUTH TO URISM & CUL TURE, Hish Court at HyderabadI OUT]
I 0. One i

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HIGH COURT

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DATED:2010912024

POST ON 21.11.2024 FOR COUNTER(S)

NOTICE BEFORE ADMISSION

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[Link].24113 & 25028 of 2024

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DIRECTION