WP/29803/2015 of The State Level Police Recruitment Board, Vs Md. Ahmmed Ali on 29 December 2022

1. The state Level Police R_ecruitment Board, Rep. by its chairman, Government-gf [fe]anOa1a, ]O/o DGp Offrce [premises, ]Lakabika'pool HyOeraOaJ gf [fe]anOa1a, ]O/o DGp Offrce [premises, ]Lakabika'pool HyOeraOaJ z. ^ the Commissioner of police, Hyderabad.3 IE_:l?l",of Tetangana, F"p OV its principat Secretary. Home ipotice)uepartment. Secretanat Buildings, Hyderabad.'3 IE_:l?l",of Tetangana, F"p OV its principat Secretary. Home ipotice)uepartment. Secretanat Buildings, Hyderabad.'

lsta.te [of ][Telangana ][is ][deemed ][to ][be ][substituted ][for ][State of ][A.p., ]as [per]Section 104 of A.P. Reorganisation Act, 2014)

...Petitioners/Respondents in O.A.No.3229/201 4

AND

1Md. Ahmmed Ali, S/o. Md. Naseeruddin, Unemployee, H.No.3_14_81,N.avranguda. Ramanthapur, Hyderabad.N.avranguda. Ramanthapur, Hyderabad.2.Md Shoikath Ali. S/o. Md Naseeruddin, Unemployee, H No.3_.14_81,Navranguda. Ramanthapur, Hyderabad.Navranguda. Ramanthapur, Hyderabad.J,T Narasimha, S/o T Baldpeer, Unemployee, H. No.3_ j 6-108/4/18,Kamakshipuram, Hvderabad.Kamakshipuram, Hvderabad.4E.Shiva Kumar. S/o Ramulu, Unemployee. H.No.342, Ragavendranaga r.fVloosapet.Balanagar,Hyderabad.'fVloosapet.Balanagar,Hyderabad.'

...RespondentsApplicants in O.A.No.3229/2014

5The Hon'ble A.P. Administrative Tribunar, Rep. by its Registrar, purani Haven,Hyderabad.Hyderabad.

...Respondents

Petition 'under Article 22o^ of lhe constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may bepleased to issue a writ order or direction more particularly one in the nature of"writ of certiorari" and to call for the records pertaining to the order passed inoA. No.322912014, dt: 01-os-2015 on the file of the Hon'bte A.p. AdministrativeTribunal and declare the same as illegal and quash the same.

I

l.A. NO: 2 OF 2015 WPMP. NO: 38605 OF 201 5)

Petition under sectton 151 CPC [praying ][that ][in ][the ][circumstances stated ][in]the affidavit filed in support of the [petition, ]the [High Court may ][be ][pleased]suspend the order [passed ][in ]O.A [No.3229/20'14, ][dt. ][01.05.2015 on ][the file of ][the]Hon'ble A.P. Administrative [Tribunal, ][Hyderabad, pending ][disposal ][of ][the ][writ]petition.

Counsel for the Petitioners: GP FOR SERVICES [- ][|]Counsel for the Respondent Nos.1 to [4: SMT ][G' ][UMA ][RANI]

The Court made the following: ORDER

I

THE HON'BLE SRI JUSTICE [ABHINAND ]KUMAR [SHAVILI]AND

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESIIWAR RAOWrit Petition No.298O3 of 2015

ORDER: (l)er Hon'ble Justice Abhinqncl Kumar Shauili)

This Writ Pctition is liled by the petitioner-Boardunder Articl e-226 of the Constitution seeking a 'Wit ofCertiorari'by calling for the records relating to the orderpassed bv the Hon'b1e Andhra Pradesh AdministrativeTribunal, (for short 'the Tribunal'), Hyderabad1nO.A.No.3229 of 2074, dated O1.05.2015 and to quash thesame.

2. Heard the learned Special Government Pleader forServices I appearing for the petitioners and Smt. G. UmaRani, learned counsel for the respondents.3. Learned c:ounsel for the petitioners had contendedthat the respondents have responded to the Notification forthe post of Stipendiary Cadet Trainee Police Constables(Civil) (Men) and (Armed Reserve) (Men). The respondentswere selected in pursuance to the said notification.However, the respondents were ciaiming to be the natives )AKS,J & RRN,JwP,298ol 2015

of Hyderabad City. On [verification, ][it ][came ][to ][the ][light ][that]the respondents were not [loca1 ][candidates ][of ][Hyderabad]City and they were [found ][to ][be ][hailing from ][Cyberabad]Police Station limits and [accordingiy, ][the ][selections ][of ][the]respondents were calcelled [by ][the ][petitioners ][uide ][order]dated 22.12.2O14.

4. Aggrieved by the same, the [respondents ][have]approached the Tribunal [by ]iiling [O.A.No.3229 of ][2O14 ][and]the Tribunal uide order dated [01.05.2015 was pleased ][to]set aside the orders daled [22.12.2014 ][and ][directed ][the]petitioners to send the respondents for [training ][without]appreciating any of the contentions [raised ][by ][the]petitioners. Aggrieved by the same, the present writpetition is filed.

5. Learned counsel for the [petitioners ]further [contended]that the respondents were ciaiming to be [the ][natives ][of]Hyderabad local area. But, on verification, it [came ][to ][ttre-]light that the schools in which the respondents [have]studied are all falling under the Cyberabad [Police]Station Limits. Therefore, the [petitioners ][were ][justified ]incancelling the selection of the resPondents. [Therefore,]

appropriate orders be [passed ]in the writ [petition ][by ][setting]aside the orders passed by the A.P. Administrative Tribunalin O.A.No.3229 of 2014, dated 01.05.2015 and allow theWrit petition.

6. The learned counsel appearing for the respondentshad contended that the respondents belong to HyderabadCity local area. Hou'ever, the educational institutions inwhich they have studied are falling within the CyberabadPolice Statior-r limits and there are certain areas in the citv\ol Hyderabad u.here some areas are overlapping with thetHyderabad Citl' as u.ell as Cyberabad Police Station limits.Therefore, tl-re Tribunai was justified1n allou,ing theO.A.No.3229 of 2014, dated 01.05.20 15.

7. This Court, having considered the rival submissionsmade by the parties, is of the considered view that therespondents\\'ereclaiming as local candidates ofHyderabad City limits and the educational institutions inwhich they have studied are falling within the CyberabadPolice Station Limits and as admittedly, the respondentsare residents of Hyderabad City limits, the Tribunal wasjustified in allou,ing the O.A. in favour of the respondents irrespective of the fact that the educational institutionswhere thel, have studied are faliing within the territoriaijurisdiction of C-r,berabad Police Station limits. Therefore,this Court is not inclined to interfere r.r,ith the orderspassed by the Tribunal.

Accordingly, the Writ Petition is dismissed. No costs.

As a sequel, miscellaneous applcations pending ifany in this Writ Petition, sha11 stand closed SD/.L.SIVA PARVATHIASSISTAry\REGISTRAR//rRUE coPY/' .ecffiu oFFtcER

To,'1 . Two CCs to GP for Services-|, High Court for the State [of ][Telangana ][at]Hvderabad. IOUTI2 Ohe CC to Smt G. Uma [Rani' ][Advocate ]IOPUC]3. Two CD CoPiesCHR SB,fT-x l HIGH COURT

DATED:2911212022

ORDER

W.P.No.29803 of 2015

DISMISSING THE WRIT PETITIONWITHOUT COSTS

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