Polina Kanakeswara Rao And Others vs State Of Andhra Pradesh And Others

Kiranmayee Mandava, J

Heard Sri G.V.S Kishore Kumar the learned counsel for the appellants and Ms.Pranathi the learned Special government pleader attached to the office of the learned Advocate General.

The issue involved in all the three writ appeals is common. Therefore, we deem it appropriate to pass a common order in all the three writ appeals.

The grievance of the writ appellants is that the respondents have not issued hall tickets to them for the 3rd level of examination for the post of Police Constables(Civil) scheduled on 01.06.2025 pursuant to the notification dated 28.11.2022, despite the Appellant-petitioners being qualified in the 2nd level of examination.

The learned counsel for the appellants, Sri G.V.S. Kishore Kumar, argues that in earlier round of litigation the learned Single Judge of this Court vide order dated 18.12.2024 in W.P.No.6631 of 2023 and batch of cases has directed the respondents to prepare the common merit list of the Home Guards and after preparation of such a list, directed the respondents to grant, compartmentalized horizontal reservation in each of the category as per the notification dated 28.11.2022. It is contended that despite the said direction of this Court, the respondents have not prepared the merit list amongst the Home guards nor allowed the appellants to appear for the 3rd level of examination though they were qualified in the 2nd level of examination.

Ms.Pranathi, learned Special Government Pleader appearing for the respondents would contend that the directions of this Court in W.P.No.6631 of 2023 was to prepare a separate inter-se merit list of Home Guards, the same would be complied with by the respondents. However, the preparation of inter-se merit list would come into play only after all the levels of examinations are concluded and based on the marks secured by the respective candidates a separate merit list would be prepared as directed by this Court. The Learned Special Government Pleader further argues that this Court has categorically observed at Clause (f) of the order that the appellants shall not claim any equity in terms of the interim directions granted by this Court while entertaining the W.P.No.6631 of 2023 and batch. She thus argues that the appellants have participated in the 2nd level of examination pursuant to the interim directions in W.P.No.6631 of 2023 and that they have not qualified in the preliminary round i.e., 1st level of examination therefore are not entitled to sit in the 3rd level of examination as per the notification dated 28.11.2022. It is contended that as per the notification dated 28.11.2022 the procedure contemplated is that one should qualify in the preliminary written test to be eligible to sit in the 2nd level of examination. The 2nd level of examination is physical measurement test/physical efficiency test. Since none of the appellants have qualified in the preliminary written test, it is only pursuant to the interim directions of this Court, they were allowed to sit in the 2nd level of examination. In view of the directions of this Court in W.P.No.6631 of 2023 and batch that they should not claim any equity, they are not allowed to appear in the 3rd level of examination.

Vide impugned order, the learned Single Judge has observed that since the Division Bench of this Court in W.A.No.617 of 2025 and batch,taking into consideration the submissions of the learned Advocate General, that some of the candidates who have appeared for the examination are either over aged or secured lesser marks than the marks notified under Clause-22 of the notification, suspended the earlier interim directions dated 06.05.2025 and 09.05.2025 of in W.P.No.6027 of 2025. The learned Single Judge vide the impugned order further observed that in light of the view taken by the Division Bench, and following the same, directed the respondents to follow the order dated 18.12.2024 in W.P.No.6631 of 2023 and batch.

A perusal of the relief sought by the appellants is also to the extent that the directions of learned Single Judge in W.P.No.6631 of 2023 and batch should be given effect to. Having regard to the same, the learned Single Judge, while passing the impugned order since observed that the respondents shall follow the directions in W.P.No.6631 of 2023 and batch and in view of the observations made in W.P.No.6631 of 2023 and batch, the appellants cannot have any grievance against non issuance of hall tickets for the 3rd level of examination and cannot claim equity in as much as the appellants have admittedly failed in the first level of examination.

Having regard to the contentions advanced from the impugned order, we do not find any infirmity from the order of the learned Single Judge having regard to the fact that the learned Single Judge has directed the respondents to follow the directions in W.P.No.6631 of 2023 and batch, which has attained finality. It has been categorically observed in W.P.No.6631 of 2023 that the appellants shall not claim any equity pursuant to the interim directions passed in the writ petition.

Accordingly, these Writ Appeals are dismissed. No order as to costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.