Explainer: Why are Group-1 aspirants in Telangana protesting for postponement

The protestors argue that GO 29 unfairly alters reservation norms mid-process, depriving many eligible candidates of their deserved opportunities

By Sistla Dakshina Murthy  Published on  20 Oct 2024 3:57 AM GMT
Explainer: Why are Group-1 aspirants in Telangana protesting for postponement

Group-I Aspirants agitation in Telangana

Hyderabad: Several TSPSC Group-1 aspirants here have been protesting for the postponement of the Group-1 Mains examination, expressing concerns over the schedule of the exam and the impact of certain Government Orders (GOs) on the recruitment process and reservation.

What is Group-1?

Group-1 refers to the top-tier civil service examinations conducted by State Public Service Commissions across India. These exams recruit candidates for senior administrative roles such as deputy collectors, DSPs and other key positions in State governance. In Telangana, the Telangana Public Service Commission (TSPSC) oversees the Group-1 exam.

Why are Telangana Group-1 exams crucial?

The Telangana Group-1 exams are being conducted after a staggering 13-year gap (last held in 2011, with results declared in 2016).

The government has notified 563 posts, including prestigious positions in the State administration. Given this long delay, the exam has become extremely competitive, with thousands of aspirants dedicating years to preparation. However, the entire process is now clouded by serious issues regarding fairness, transparency and procedural irregularities, which has cast a shadow over this crucial recruitment drive.

Speaking to NewsMeter, a Group aspirant A Janardhan from Suryapet said, ā€œScores of aspirants are experiencing great distress as a result of the numerous unresolved issues in the current situation.ā€ To guarantee that no applicant is unjustly disadvantaged, I appeal to the State government to reschedule the Group-I Mains exam immediately in the interests of justice, fairness, and openness.ā€

What is GO 29? How does it impact reservations?

GO 29 is a government order from Telangana that changes the eligibility criteria and reservation norms, particularly impacting SC, ST, BC and EWS categories.

The order was issued after the Group-1 exam notification was released, causing widespread concern. Aspirants who were eligible under the previous rules now find themselves potentially disqualified. Many claim that the abrupt change in reservation policy violates fundamental rights under Articles 15 and 16 of the Constitution, threatening the fairness of the selection process. Students are raising alarms that this could lead to years of legal battles, much like the 2011 Group-1 exam, which was tied up in litigation for several years.

What are the issues?

The protestors argue that GO 29 unfairly alters reservation norms mid-process, depriving many eligible candidates of their deserved opportunities.

They demand clarity on study materials, as TSPSC declared Telugu Academy books as non-standard just 10 days before the exam, despite students relying on them for subjects like Telangana history and geography. Additionally, students are calling attention to the police brutality against peaceful protesters, adding another layer of injustice to the situation.

Elaborating on the changes, Janardhan said that the popular Telugu Academy books, which aspirants have used for years to study Telanganaā€™s history, geography and movements, are no longer valid, the Telangana Public Service Commission (TSPSC) announced just ten days before the exam. Janardhan said that the Telangana Public Service Commission (TSPSC) invalidating the popular Telugu Academy books, which aspirants have used for years to study Telanganaā€™s history, geography and movements, has caused a lot of worry among students due to the arbitrary choice made so close to the exam day.

ā€œWhen the whole basis of our study materials has been suddenly deemed incorrect, how can we possibly be expected to adequately prepare? We urge that the definition of the required study materials for the exam be made explicit and official,ā€ he said.

Janardhan said that many aspirants who were eligible under the previous criteria are no longer eligible due to the abrupt implementation of GO 29, which has changed reservation norms. Candidates are now at risk of being rejected because of mid-recruitment modifications.

Some of the key concerns raised by the protestors:

1. No clarity on study materials: TSPSC invalidated Telugu Academy books just days before the exam, leaving students confused.

2. Uncertainty of results: The exam is mired in litigation, leaving students unsure whether their efforts will be recognised or invalidated.

3. Denial of fair reservations: GO 29 undermines Constitutional guarantees of fair reservation, affecting various categories.

The government defends GO 29, claiming it aims to align reservation systems with updated policies. However, protestors argue that these changes are unconstitutional and have only caused confusion and distress. The governmentā€™s failure to communicate clear guidelines has intensified the unrest among students.

What did the court say?

The Telangana High Court issued an interim order stating that the outcome of the Group-1 exams will depend on the final judgment, which is scheduled for November 20. The Telangana High Court has already stated that the outcome of the Group-1 exam is subject to its judgement on November 20.

This means that even if the exams are conducted, the results could be rendered invalid depending on the courtā€™s decision regarding GO 29. The courtā€™s ruling has only added to the uncertainty, leaving aspirants in limbo.

Conducting the exam under this cloud of legal uncertainty will only lead to prolonged litigation and risks repeating the 2011 fiasco, where aspirants waited years for justice. ā€œWhy rush an exam when its validity is under judicial scrutiny?ā€ Janardhan questioned.

Aspirantsā€™ legitimate reservations are denied by GO 29, which essentially violates the rights protected by Articles 15 and 16 of the Constitution. The arbitrary rule change is a flagrant betrayal of the constitutional protections and confidence of the candidates. ā€œMany students from SC, ST, BC, and EWS categories who qualified under the earlier norms of GO 55 are now being disqualified. This is nothing short of a violation of fundamental rights, and we call for an immediate review of this order,ā€ he said.

All students are asking for is a one-month postponement until the court delivers its final decisionā€”this is not an unreasonable request given the stakes involved.

Upon coming to power, the Congress government cancelled the 2022 Group-1 notification and issued a fresh one in February 2024. While the 2022 notification specified that candidates would be selected under GO 55, the new notification amended GO 55 and introduced GO 29.

As per GO 55, the reservation policy allowed candidates from SC/ST/BC categories to compete in both the open and reserved categories based on merit. As per GO 29, the rule of reservation was amended, restricting SC/ST/BC candidates to their reserved categories, even if they scored high enough for open category selection.

The Indra Sawhney Judgment (1992): In this landmark case, the Supreme Court upheld the validity of reservations but emphasised that merit should not be undermined. It clarified that reserved category candidates could compete in the open category based on merit.

The RK Sabharwal Case (1995): The Supreme Court ruled that once a reserved category candidate is appointed based on merit, they should not be counted against the reserved quota.

Based on existing law and judicial precedents, GO 29 could be viewed as infringing on the rights of candidates from reserved categories.

Police action

Regarding mental trauma due to police atrocities on peaceful protesters, Janardhan said aspirants are facing brutal police crackdowns during peaceful protests. Study halls are being forcefully shut, students are being unjustly arrested and essential services such as power and food supplies have been cut off.

Several students have been physically assaulted, with some suffering severe injuries on their hands that have left them unable to write the exam. These actions have not only caused physical harm but have also left students in a state of emotional and mental distress. It is utterly unfair to expect students in such a disturbed state to sit for a life-changing examination, he added.

ā€œGiven the ongoing legal uncertainties and lack of clarity on essential issues, we are appealing to an immediate rescheduling of the exam until all legal issues are sorted out. Proceeding with the exams before that will only exacerbate the legal and emotional turmoil faced by aspirants. A few months delay is a reasonable request to ensure that justice is not compromised,ā€ Janardhan said.

ā€œWe request the government reconsider the implementation of GO 29 and ensure that reservation norms are applied fairly, as per constitutional provisions, without excluding aspirants who were eligible under previous rules. We cannot afford another situation where the examination process is dragged through the courts for years, leaving students in limbo,ā€ the Group-1 aspirant said.

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