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Legal disputes likely over amended rule of reservation for Group I exam in Telangana

Legal disputes likely over amended rule of reservation for Group I exam in Telangana

Legal disputes likely over amended rule of reservation for Group I exam in Telangana

The order, issued on February 8, 2024, makes amendments to the original order pertaining to Group I notification in April 2022.
| Photo Credit: Representational picture

A Government Order (G.O.) with regard to application of the rule of reservations in the preliminary examination for recruitment to Group 1 services conducted by the Telangana State Public Service Commission (TGPSC) recently could kick up a storm and lead to legal disputes.

The order, issued on February 8, 2024, making amendments to the original order pertaining to Group I notification in April 2022, goes against the spirit of reservations provided to the disadvantaged sections of society, allege several aspirants.

According to both the G.O.s, the number of candidates to be admitted in the Group 1 (Main) examination would be 50 times the total number of vacancies available. It would mean that 50 applicants should be selected from the prelims for each of the 563 posts notified, which would put the total number of candidates to appear for Mains at 28,150.

The amendment inserted in February this year goes on to tweak the application of reservations, saying that in case of shortfall with respect to candidates in reserved categories such as Scheduled Castes, Scheduled Tribes, Backward Classes, Physically Handicapped, Economically Weaker Sections and others, action should be taken to include such number of candidates from the merit list beyond 1:50 ratio.

Following the orders, the TGPSC selected a total of 31,382 candidates from the prelims, instead of the 28,150, which would have been the figure as per the application of the 1:50 ratio. This is 3,232 candidates in excess, which are from the reserved categories over and above the stipulated 28,150.

This is disadvantageous to all reserved categories at two levels, applicants contend. “First, the amendment seeks to club meritorious candidates from the disadvantaged sections, too, in the reserved categories. With this, an equal number of candidates from the disadvantaged sections are losing their right of reservation,” said B. Srinivas (name changed to protect identity), an applicant. Secondly, it offers an undue advantage to forward castes, he says.

“If reservations are to be applied, they need to be applied pro rata within the 28,150. By selecting 3,232 candidates from reserved categories outside the merit list to fill the shortfall, the commission is allowing the same number of candidates from non-reserved categories—elite sections of forward castes to be specific—in excess of the 1:50 rule,” he says.

Of the total posts, 209 are for the Open Category and 354 for all the reserved categories. If the reservations are applied category wise, the candidates to be selected for Mains from Open Category would be 10,450. As per the amended rule, the candidates competing for Mains in the Open Category would be 13,682.

The common refrain among those opposing the amendment is that the government is deliberately complicating the issue, in order to shelve the appointments.

Bharat Rashtra Samithi leader R.S. Praveen Kumar has written twice to Chief Secretary A. Santhi Kumari, pointing out this anomaly, but to no avail. He threatens to seek legal recourse if the G.O. is not cancelled forthwith.

“I have been asking the TGPSC Chairman to tell me the cut-off mark for the merit list and show me the list of meritorious candidates from the reserved categories who have been selected in the prelims. Till now, I have not heard from him,” Mr. Praveen Kumar complained.

He cites a Supreme Court’s judgment from May 2024 in Deependra Yadav & Others vs the State of Madhya Pradesh & Others, which categorically stated that while selecting the candidates, the State Public Service Commission should segregate deserving meritorious reservation category candidates from meritorious unreserved category candidates at the preliminary stage itself so that a greater number of reservation category students will become eligible to appear in the main examination.

TGPSC Chairman Mahender Reddy and Secretary Naveen Nicholas could not be contacted for a comment.

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