B Krishna Chetana vs State Of Telangana

In this writ petition, the petitioners are seeking a writ of mandamus declaring the action of the respondent No.2 in deciding to apply the normalization formula for the recruitment for postcode 22 in Rc.No.41/Rect./Admn-1/2022, dated 25.04.2022 for the post of Stipendiary Cadet Trainee (SCT) Police Constable (AR) and for the postcode 12 in Rc.No.42/Rect./ Admn-1/2022, dated 25.04.2022 to the post of Stipendiary Cadet Trainee (SCT) Reserve Sub Inspector of Police (AR), as only one running event of 1600 meters for men and 800 meters for women is prescribed and same marks are planned for the events unlike five events carrying 75 maximum marks and each event for a maximum of 15 marks for men and three events carrying 75 maximum marks each event for a maximum of 25 marks for women in 2018 notification, as illegal, arbitrary, discriminatory and consequently to direct the respondent No.2 not to apply the normalization formula since it is not required anymore, as for men and women candidates have to qualify only in one event and get same marks, i.e., men complete 1600 meters running in 7 min 15 sec and women complete 800 meters running in 5 min 20 sec and to pass such other order or orders in the interest of justice.

Brief facts leading to the filing of the present writ petition are that the writ petitioners are all women candidates and have applied to the posts of Stipendiary Cadet Trainee (SCT) Police Constable (AR) and Stipendiary Cadet Trainee (SCT) Reserve Sub Inspector of Police (AR), pursuant to the notification dated 25.04.2022 and the schedule of examination was (a) Preliminary Written Test (PWT); (b) Physical Efficiency Test (PET) and Physical Measurements-and Candidates who qualify in the above Preliminary Written Test, shall be required to undergo these tests and qualify; and (c) Final Written Examination (FWE)-Candidates who qualify in the above physical Efficiency Test shall be required to appear for the Final Written Examination. It is submitted that as per of the Physical Efficiency Test and Physical Measurements, the men candidates must qualify in the 1600 meters run within a maximum time of 7 Minutes 15 Seconds, for Ex-Servicemen, the maximum time is 9 Minutes 30 Seconds and for women candidates, they must qualify in 800 meters run within a maximum time of 5 Minutes 20 Seconds. For the Post Code Nos.21, 26, 27 & 28, the run event is qualifying in nature. For Post Code Nos.22, 23, 24 & 25, the candidates shall be awarded marks for their performance in the run event as shown in Annexure-I. From the Annexure-I Gradation Table, the men candidates will qualify and get 50 marks if they complete 1600 meters run in 7 Minutes 15 Seconds, whereas same 50 marks will be awarded to women candidates if they complete 800 meters run in 5 Minutes 20 Seconds and there will not be unfair/imbalance in the results. It is submitted that there is a reservation of 10% of vacancies for women for the post of Code No.22 under direct recruitment, in relaxation of relevant rules relating to Telangana State and Subordinate Service Rules, 1996 and the reservation for women will be horizontal reservation following the principle of sufficiency i.e., the reservation of women candidates shall be adjusted proportionately in the respective category to which the women candidates belongs. It is submitted that as per the Notification Rc.No.41/Rect./Admn-1/2022, dated 25.04.2022, for the Post Code No.22, the final selection of the candidates shall be made strictly on their relative merit, as obtained by them based on their score in the final written examination, Physical Efficiency Test (1600 mtrs/800 mtrs., run) and weightage marks and the marks secured by men and women in PET shall be normalized by using the formula prescribed by the TSLPRB to ensure fairness and the normalized marks shall be the basis of drawing the final common merit list and 95% of the vacancies shall be filled up from the local candidates of the respective Police District/Commissionerates.

Learned counsel for the petitioners submitted that the concept of normalization mentioned under the final selection for the Post Code No.22 came into the picture in Police Recruitment even though it is not a CBT – Computer Based Test. It is submitted that in the year 2015, the respondent No.2 Board-TSLPRB issued Notification No.Rc.No.151/Rect./ Admn.1/2015, dated 31.12.2015 in which 10% of vacancies in each category were reserved for women for Post Code No.22 and to meet 10% women reservation, a separate list was prepared and as a result, it ended up in nothing but reserving 90% of vacancies for men candidates and a separate list was prepared for men candidates and this kind of situation arose because men candidates must qualify in all the five events of the Physical Efficiency Test carrying 75 maximum marks and each event will be awarded a maximum of 15 marks whereas women candidates must qualify in all the three events of the Physical Efficiency Test carrying 75 maximum marks and each event will be awarded a maximum of 25 marks. The contention of the learned counsel for the petitioner is that the process is against the implementation of the rule of reservation especially Horizontal reservation which the Hon’ble Supreme Court clarified in a plethora of cases. It is submitted that to correct the mistake that took place in the year 2015 notification, the respondent No.2 initiated the new method called normalization in the 2018 notification dated 31.05.2018. It is submitted that in the present recruitment notification dated 25.04.2022, only one event was planned that the men candidates must qualify in the 1600 meters, while women candidates must 800 meters run within a maximum time of 7 Minutes and 15 Seconds for men and 5 Minutes 20 Seconds for women and gradation of marks is also given and are having the same weightage and hence, no normalization process is required for this notification for the Post Code No.22 – SCT PC (AR) and 12 SCT Reserved SI (AR). Therefore, challenging the normalization process adopted by the respondents, the present writ petition has been filed.

Learned counsel for the petitioners placed reliance upon the judgment of this Court in W.P.No.15675 of 2019, dated 14.10.2019, wherein the process of normalization has been explained. It is submitted that due to normalization process adopted by the respondents, the petitioners who were meritorious and have secured more marks have not been selected and men candidates with lesser merit have been selected.

Learned Special Government Pleader for Home has relied upon the averments made in the counter affidavit and submitted that the performance parameters in Physical Measurement Test/Physical Efficiency Test for men are entirely different to those of women and that in the merit-event of run, though the performance of both men and women candidates were being measured out of 100 points/marks, the parameters of run event and gradation tables are totally different. He thus, tried to justify the implementation of normalization policy for determining the relative merit of men and women. It is further submitted that it is not only run event, but there was also event of long jump and shortput with different parameters for men and women and height qualification for men and women with different parameters were also prescribed. In view of the same, it is necessary to implement the formula of normalization to both men and women candidates after their qualifying in the Physical Efficiency Test.

Learned Special Government Pleader further submitted that the normalization process adopted by the respondents in the year 2018 had been challenged before this Court and this Court has upheld the said process and same was carried in Writ Appeal i.e., W.A.No.809 of 2019 and the order of the Single Judge has been confirmed by the Division Bench as well. He also placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Ran Vijay Singh and Others Vs. State of U.P. and Others (2018) 2 SCC 357, in support of his contention that the Courts should not interfere with the policy matters. He therefore, prayed for dismissal of the writ petition.

Having regard to the rival contentions and the material on record, this Court finds that the contention of the writ petitioners that there is only one event of running under the sequence of Physical Efficiency Test and Physical Measurements is not correct. The learned special government pleader has pointed out that from the notification that for the Post Code Nos.21 to 27, in addition to run event, the candidates must qualify in the Physical Measurements and also long jump/shotput events. It is thereafter, that the candidates will be permitted to participate in the final written examination. However, the notification mentioned the normalization process and the formula for the same only for the run event and the petitioners herein have not challenged the notification, but are only challenging the normalization process on the ground that there is only one event i.e., running event where already different parameters and the time for completion of the task is fixed for men and women. This Court finds that for Physical Efficiency Test, there is only one event and therefore the normalization policy is not necessary to be adopted. This Court in W.P.No.15675 of 2019 has upheld the normalization process, where there are a number of events and therefore in the Writ Appeal also, the said process has been confirmed/upheld. Therefore, this Court does not find any merit in the arguments of the respondents. The writ petition is accordingly allowed. The respondents are directed to prepare the merit list accordingly and give appointments to all the eligible candidates.

Accordingly, this writ petition is allowed with the above directions. There shall be no order as to costs.

Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.