M.SUNITHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioners are seeking a writ of mandamus declaring the action of the respondents in not implementing the Rule 6 of the Recruitment Rules and not considering the reservation for women in the selection to the post of Welfare Officer Trainee, E1 Grade (Internal), as arbitrary, unjust, discriminatory, contrary to law, unconstitutional and to set aside the same and consequently to direct the respondents to implement the Rule of reservation for women in the selection to the said post. Subsequently, the said prayer has been amended and the respondents have declared the selection list dtd. 3/6/2023 notified by the respondent No.4 selecting 11 candidates to the post of Welfare Officer Trainee, E1 Grade (Internal) without implementing the reservation for women as contained in Rule 6 of Recruitment Rules and rejecting the claim of the petitioners for selection against the reserved posts for women as unjust, arbitrary and in violation of Notification dtd. 29/1/2019 issued by the Ministry of Labour and Employment, Government of India and to set aside the same and consequently to direct the respondents to implement the Rule of reservation for women and consider selection of the petitioners against the Roster Points No.17, 18, 22 and 23 duly recasting the select list dtd. 3/6/2023 and deleting the respondents No.6 to 9 from the selection list and to pass such other order or orders in the interest of justice.

(2.) Brief facts leading the filing of the present writ petition are that the petitioners are all women candidates, who are working as Senior Assistants in various departments of the respondent organization and possessed the necessary qualification for the post of Welfare Officer Trainee, E1 Grade (Internal). The respondent No.4 has issued a circular dtd. 1/3/2023 inviting applications for filling up of vacancies of Executive Cadre Posts through internal candidates and one of the post notified was Welfare Officer Trainee, E1 Grade (Internal). The said Circular dtd. 1/3/2023 has enclosures of details of posts, terms and conditions and Condition No.3 thereof is general information and condition No.19 stated that Rule of Reservation and the spirit of Presidential order, 2018 (Combined Local and Non-local-5% and Local-95%) as approved by the Board of Directors will be applicable for the above posts. It is submitted that the petitioners were eligible to apply for the said post i.e., Welfare Officer Trainee, E1 Grade (Internal) and the petitioners have accordingly applied and have also passed in the written examination held on 21/5/2023 and all the petitioners have secured good marks and are confident that they have a fair chance of getting selected against the Roster Points 17, 18, 22 and 23, which are reserved for women. However, since the Rule of reservation has not been followed for the post of Welfare Officer Trainee, E1 Grade (Internal) and as the notification did not mention any reservation for the said post, the petitioners have made several representations to the respondents, but the respondents have rejected the same vide letter dtd. 1/6/2023 and therefore, the petitioners have challenged the selection list and also the rejection order in the present writ petition.

(3.) Learned counsel for the petitioners submitted that Singareni Collieries Limited being a Government undertaking is bound to follow statutory rules i.e., Telangana State and Subordinate Service Rules and that Rule 22 and 22 A of said Rule provides for reservation to women to which both men and women are equally suited. It is submitted that the respondents have however, not reserved the posts for women for the post of Welfare Officer Trainee, E1 Grade (Internal). It is submitted that the fact that the petitioners, being women, were also permitted to make application and also participate in the examination, itself proves that both men and women are equally suited for the said post and therefore, Rule of reservation has to be applied.