ORDER : NAMAVARAPU RAJESHWAR RAO, J. The present Writ Petition has been filed for the following relief: “….to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS:- (a) By declaring the entire action of the respondents, particularly the action of the 2 nd respondent proceeding to fill up the One (01) post of Hostel Welfare Officer Grade-I, which is allotted to Zone VII Jogulamba for the candidates belonging to OC (G) as per the revised break-up vacancies, subsequent to the notification No.25/2022 dated 23/12/2022, with the same candidates who appeared for written examination conducted during the period 24/06/2024 to 29/06/2024 without issuing a fresh notification for such, vacancy notified by the 2nd Respondent vide Addendum Web Note dated 28/06/2024, to Zone VII Jogulamba belonging to OC (G) (to enable the petitioner to apply for the said post), despite making representations by the Petitioner dated 05/07/2024, 08/07/2024 and 18/07/2024 as Illegal and in violation of Articles 14 and 16 of the Constitution of India. (b) Further hold that the petitioner is entitled for applying for the post of Hostel Welfare Officer, Grade-I as per the revised break-up of vacancies pertaining to the said post of OC (G) as conveyed through Addendum Web Note dated 28/06/2024 of the Secretary, TGPSC, apart from on the ground that he belongs to Zone VII Jogulamba and is meeting the revised eligibility criteria and requisite qualifications for the post of HWO, Grade-I. (c) and consequently to direct the respondents to issue the notification afresh for inviting the applications from the eligible candidates of OC (G) against the revised break-up of vacancies of Hostel Welfare Officer Grade-I and to suspend the written examination conducted from 24/06/2024 to 29/06/2024, against the Notification No.25/2022 dated 23/12/2022 to the candidates applied for the post of Hostel Welfare Officer, Grade-I earmarked to the candidates belonging to OC (W) to the extent of One (01) post allotted to Zone-VII, Jogulamba, and to pass…” 2. Heard Sri Sivaradhakrishna Venkateswara Sarma Ganga Raju, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1, and 3 to 5, and Sri P.S. Rajasekhar, learned Standing counsel for TSPSC for respondent No.2. 3. Heard Sri Sivaradhakrishna Venkateswara Sarma Ganga Raju, learned counsel for the petitioner, learned Government Pleader for Services-III for respondent Nos.1, and 3 to 5, and Sri P.S. Rajasekhar, learned Standing counsel for TSPSC for respondent No.2. 3. Learned counsel for the petitioner submits that the 2 nd respondent issued a recruitment Notification No.25/2022, dated 23.12.2022, for filling up 584 vacancies of different cadres, including the One (01) post of Hostel Welfare Officer Grade-1 (HWO Gr-I), allotted to the candidates belonging to OC(W) of Zone VII Jogulamba. Subsequent to the issuance of the Notification No. 25/2022 dated 23.12.2022, the 2 nd respondent issued an Addendum Web Note dated 17.02.2024, which reads as follows: "It is hereby informed that, in compliance of the orders of the Hon'ble Supreme Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission [ 2007 (8) SCC 785 ] and interim orders of the Hon'ble High Court in related matter in various W.P.s the Government has issued orders through Memo No.4981/Ser.D/A2/2023, GAD, Dated 01/02/2024, G.O.Ms.No.03, WCD&SC (prog-I), Dated 10/02/2024 and GOMS No.35 GAD (Ser-D) Dept. Dated 13/02/2024. Hence the Commission would implement the Horizontal Reservation for the Women Candidates in all categories in the matter of direct recruitment for all the ongoing recruitments. The selections shall be subject to the outcome of final orders of the Hon'ble High Court in the related matter." 3(i) Learned counsel for the petitioner further submits that the 2nd respondent issued 2nd Addendum web note dated 28.06.2024 to the Notification No.25/2022, dated 23.12.2022, which reads as follows: "It is hereby informed to the candidates who have applied for the posts of Hostel Welfare Officer Gr-1 in Tribal Welfare Department; Hostel Welfare Officer Gr- Il in Tribal Welfare Department, Scheduled Caste Development Department, BC Welfare Department, Warden Gr-1 & Gr-II, Matron Gr-I, & Gr-II in Director of Disabled & Senior Citizens Welfare and Lady Superintendent Children Home in Women Development Child Welfare Department vide Notification No.25/2022, Dt. 23.12.2022 that, the Government had issued G.O. Ms.No.3, Department for Women, Children, Disabled and Senior Citizens (Prog.I), Dt:10.02.2024 and G.O.Ms. No.35 General Administration (Ser.D) Department, Dt.13.02.2014 to implement the Horizontal Reservation for women in selection process. 23.12.2022 that, the Government had issued G.O. Ms.No.3, Department for Women, Children, Disabled and Senior Citizens (Prog.I), Dt:10.02.2024 and G.O.Ms. No.35 General Administration (Ser.D) Department, Dt.13.02.2014 to implement the Horizontal Reservation for women in selection process. In view of the above Government Orders, the Revised Break-up of vacancies pertaining to the above posts vide Notification No.25/2022, Dt.23/13/2022 for 581 vacancies is available on the Commission’s Website https://www.tsosc.gov.in The other conditions and information in the Notification for the above posts will remain unchanged" 3(ii) Learned counsel for the petitioner further submits that the two amendment web notes of the 2nd respondent, dated 17.02.2024 and 28.06.2024 were subsequent to the issuance of the Notification No.25/2022. Vide the 2nd amendment Web Note, the revised break-up of vacancies pertaining to the posts notified through Notification No.25/2022, dated 23.12.2022. As per the revised break-up of vacancies uploaded on the Commission's website on 28.06.2024, the One (01) post of HWO Gr-l allotted to Zone VII Jogulamba has now been earmarked to OC(G), which was earlier earmarked to OC (W). Due to the said change in earmarking the one (01) post of HWO Gr.I, the 2 nd respondent is required to invite the applications afresh from the eligible candidates of OC (G) by notifying the said revised vacancy of HWO Gr-I by issuing a fresh recruitment Notification. Contrary to this, the 2 nd respondent proceeded further to fill up the One (01) post of HWO Gr-I that is now allotted to OC (G) with the candidates applied earlier against the post of OC (W) notified vide Notification No.25/2022, dated 23.12.2022, which is highly illegal, arbitrary and contrary to the orders issued by the Government through Memo No.4981/Ser.D/ A2/2023, GAD, dated 01.02.2024, G.O.Ms.No.03. WCD&SC (prog-I), dated 10.02.2024 and G.O.Ms. No.35 GAD (Ser-D) Department, dated 13.02.2024, and in violation of Articles 14 and 16 of the Constitution of India. 3(iii) Learned counsel for the petitioner further submits that aggrieved by the aforesaid action of the 2 nd respondent, the petitioner, though eligible to apply for the said vacancy, could not apply due to non-issuance of fresh Notification by the 2 nd respondent. The petitioner submitted his online grievance to the 2 nd respondent on 05.07.2024 and a hard copy of the said grievance petition was sent to 2nd respondent on 08.07.2024 through registered Post and a copy of the same was handed over in person on 18.07.2024. The petitioner submitted his online grievance to the 2 nd respondent on 05.07.2024 and a hard copy of the said grievance petition was sent to 2nd respondent on 08.07.2024 through registered Post and a copy of the same was handed over in person on 18.07.2024. Till date, the 2nd respondent has not responded to the said communications of the petitioner. Moreover, the 2 nd respondent proceeded further by conducting the written examination to fill up the One (01) post of HWO Gr-I to the same candidates who had applied earlier against the Notification No.25/2022, dated 23.12.2022. However, the post is now earmarked to OC (G), which is as highly illegal. 3(iv) Learned counsel for the petitioner further submits that it is a settled proposition of law that the power vested with the authorities has to be exercised honestly, bona fidely; the same is mala fide in nature and malice in law. In the instant case on hand, the 2 nd respondent knew that there was a requirement to issue a fresh Notification to invite applications for one (01) post of HWO Gr.I allotted to Zone-VII Jogulamba for the candidates belonging to OC (G) instead of OC (W) due to the revised break up of vacancies notified on 28.06.2024, proceeded to conduct the written examination to the candidates applied for the post of OC (W) against the post now earmarked to OC (G), discloses that the respondent authorities have not exercised their power honestly, which is arbitrary and unsustainable in law. Till date, the 2 nd respondent has neither responded to petitioner’s online grievance, dated 05.07.2024, nor disposed of his representations, and as on date his grievance/representations are pending disposal. If suppose the 2nd respondent fill up the said one (01) post of HWO Gr-I allotted to Zone VII Jogulamba with the candidates belonging to OC (W). In that case, it will be a irreparable loss and cause serious prejudice, apart from denying his fundamental right. 4. At the time of admission, this Court granted the following interim direction. “Any selections made to the post of Hostel Welfare Officer, Grade-I in Zone-VII (Jogulamba) pursuant to Notification No.25/2022, dated 23.12.2022 issued by respondent No.2, shall be subject to the outcome of the present Writ Petition.” 5. 4. At the time of admission, this Court granted the following interim direction. “Any selections made to the post of Hostel Welfare Officer, Grade-I in Zone-VII (Jogulamba) pursuant to Notification No.25/2022, dated 23.12.2022 issued by respondent No.2, shall be subject to the outcome of the present Writ Petition.” 5. Learned counsel for the respondent No.2 filed a counter stating that the Commission has issued common Notification No.25/2022, dated 23.12.2022, for Ten (10) Post Codes for 581 Vacancies as these are the common categories of posts for the post of Hostel Welfare Officer in various Welfare Departments as per the indents received from the various Welfare Departments. Admittedly, the petitioner is eligible for Post Codes 01, 02, 04, & 05 as per his qualifications i.e., Degree with B.Ed. (General). While things stood, this Court passed the following interim orders in WP No: 38502 of 2022 and W.P.No. 27844 of 2022. "directs the respondents to follow the decision of the Hon'ble Supreme Court in the case of Rajesh Kumar Dania v Rajasthan Public Service Commission and others while making appointments in Group-l Services and to follow the principles of Horizontal Reservation for Women Candidates without earmarking any roster points for them" In compliance with the orders in W.P. No. 27844 of 2022 and WP No.38502, the Department of Women, Children, Disabled and Senior Citizen (Prog-I) has issued G.O.Ms.No.3, dated 10.02.2024 to follow the principle of horizontal reservation for women candidates without earmarking any roster points for them and subsequently, Rule 22 of State and Sub-ordinate Service Rules-1996 was amended vide G.O.Ms.No.35, (General Administration Ser. D Dept), dated 13.02.2024, removing the Roster points for Women in direct recruitment. 5(i) It is further pleaded that in view of the above, the respondent No.2 issued the addendum web note dated 17.02.2024 which is subsequent to the Notification No.25/2022, dated 23.12.2022, informing all the candidates as here under: "It is hereby informed that, in compliance of the orders of the Hon'ble Supreme Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission [ 2007 (8) SCC 785 ] and interim orders of the Hon'ble High Court in related matter in various W.P.s the Government has issued orders through Memo No.4981/Ser.D/A2/2023, GAD, Dated 01/02/2024, GOMs No.03, WCD&SC (prog-I), Dated 10/02/2024 and GOMS No.35 GAD (Ser-D) Dept. Dated 13/02/2024. Rajasthan Public Service Commission [ 2007 (8) SCC 785 ] and interim orders of the Hon'ble High Court in related matter in various W.P.s the Government has issued orders through Memo No.4981/Ser.D/A2/2023, GAD, Dated 01/02/2024, GOMs No.03, WCD&SC (prog-I), Dated 10/02/2024 and GOMS No.35 GAD (Ser-D) Dept. Dated 13/02/2024. Hence the Commission would implement the Horizontal Reservation for Women Candidates in all categories in the matter of direct recruitment for all the ongoing recruitments. The selections shall be subject to the outcome of final orders of the Hon'ble High Court in the related matter." 5(ii) It is further pleaded that accordingly, as per the G.O.Ms. No.3, Department of Women, Children, Disabled, and Senior Citizens (Prog-1), dated 10.02.2024 and G.O.Ms.No.35 General Administration (Ser. D) Department, dated 13.02.2024, giving effect to changes thereof in Rule 22 and 22-A of Telangana State and subordinate Service Rules, 1996, the respondent No.2 herein has implemented the Horizontal Reservation for Women candidates in the matter of direct recruitment. On considering the above facts concerning the application of horizontal women reservation to the extent of 33 1/3 % 12. the Commission issued Addendum Web Note, dated 28.06.2024 to the Notification No.25/2022, dated 23.12.2022 which states as follows: "It is hereby informed to the candidates who have applied for the posts of Hostel Welfare Officer Gr-I in Tribal Welfare Department Hostel Welfare Officer Grill in Tribal Welfare Department. Scheduled Caste Development Department, BC Welfare Department, Warden Gr-I & Gr-II Matron Gr.I & Gr-II in Director of Disabled & Senior Citizens Welfare and Lady Superintendent Children Home In Women Development and Child Welfare Department, vide Notification No.25/2022, Dt: 23.12.2022, that the Government had issued G.O. Ms. No.3. Department for Women, Children, Disabled and Senior Citizens (Prog-I) dt:10.02.2024 and G.O.Ms.No.35, General Administration (Ser.D) Department, dt:13.02.2024. In view of the above Government orders, the Revised Break-up of vacancies pertaining to the above posts vide Notification No. 23/2022, dt:23.12.2022 for 581 vacancies are available on the Commission’s Website. And in view of the same, Commission has revised the break-up of vacancies.” 5(iii) It is further pleaded that the implementation of Horizontal reservation for women is community/category wise, but not on total vacancies. As such, the Horizontal Reservation of 33 1/3% for women will be implemented by ensuring at least one woman candidate for every three vacancies in each community category by maintaining a 100-point roster cycle. As such, the Horizontal Reservation of 33 1/3% for women will be implemented by ensuring at least one woman candidate for every three vacancies in each community category by maintaining a 100-point roster cycle. A register will be maintained for each postcode in the department concerned with 100 point cycle each community category wise to ensure sufficiency of women. State and Subordinate Service Rules-1996 governs various conditions and criteria prescribed in any TGPSC Notification, read with the relevant Special Rules applicable to any particular service by respective departments. In case of any matter which requires clarification, will be processed as per the relevant General and Special Rules in force. The G.O.Ms.No.33, Tribal Welfare Department, dated 30.09.2022, wherein it is specifically mentioned that these orders shall come into force with immediate effect and the consequent amendment issued to Rule 22 vide G.O.Ms.No.130 GA (Ser.D) Department, dated 09.11.2022 are in force on the date of the said notification. Therefore, the recruitment will be processed as per the terms of the Notification and also as per the Rules/G.O's and instructions issued by the Government and also as decided by the Commission from time to time in terms of respective Special Rules/Ad-hoc Rules. 5(iv) It is further pleaded that five (5) vacancies are available for Post Code-1 Hostel Welfare Officer GR-I in Tribal Welfare Department. A total of 61290 male candidates have been applied, and a total of 36628 male candidates have appeared for the written examination for the said post. If suppose total 61290 male candidates could be able to apply for the post after issuing the Notification, what prevented the petitioner from applying for the post at first instance after issuing the Notification. However, the petitioner did not apply to the post despite being eligible for Post Codes 01, 02, 04, & 05 as per his qualification. Hence, the relief sought by the petitioner cannot be considered, and the Writ Petition is liable to be rejected. The web note dated 28.06.2024, thereto giving effect to the said G.O.Ms No; 03, WCD & SC (Prog-I), dated 10.02.2024 and G.O.Ms.No.35 GAD (Ser-D) Department, dated 13.02.2024 and propagating the revised changes in reservation policy pertaining to women that the posts under direct recruitment to be filled up in horizontal reservation arrangement is clearly in the nature of a clarification to the subject Notification. 5(v) It is further pleaded that since it has only revised the reservation policy pertaining to women, which ought to be implemented in horizontal reservation principle keeping the overall reservation percentage intact i.e., up to 33.33 per cent reservation in favour of women candidates. Since the web Note dated 28.06.2024 served as a clarification to the subject Notification, it is within the law laid to have applicability over the preceding selection process in recruitment of the subject Notification. In Sree Sankaracharya University of Sanskrit v Manu , 2023 SCC Online SC 640 , the Court said that if the subsequent Government Order is declared to be in the nature of a clarification of the earlier order, it may be made applicable retrospectively. Respondent No. 1, strictly observes Rule 22 of the Telangana State and Subordinate Service Rules, 1996, while implementing the rule of reservation to various communities/categories while filling up of vacancies in various recruitments. The percentage of reservation for each community is stipulated therein and the same would be provided accordingly. As such, this issue is not within the purview of this respondent TGPSC either to enhance or reduce reservation for any community or category since it is a recruiting agency and concerned with the rules and regulations that are in force to date and shall be binding on the judgements passed by the Hon'ble Courts and instructions received from the State Government. Therefore, the relief claimed by the petitioner is beyond the scope of this respondent Commission. Accordingly, prayed to dismiss the Writ Petition. FINDINGS OF THIS COURT: 6. A perusal of the record shows that initially, the 2nd respondent initially issued a recruitment Notification No.25/2022, dated 23.12.2022 for filling up of 581 vacancies across various cadres, including one post of Hostel Welfare Officer (HWO) Grade-I, allotted to candidates belonging to OC(W) of Zone-VII Jogulamba. 7. Accordingly, prayed to dismiss the Writ Petition. FINDINGS OF THIS COURT: 6. A perusal of the record shows that initially, the 2nd respondent initially issued a recruitment Notification No.25/2022, dated 23.12.2022 for filling up of 581 vacancies across various cadres, including one post of Hostel Welfare Officer (HWO) Grade-I, allotted to candidates belonging to OC(W) of Zone-VII Jogulamba. 7. While things stood thus, this Court passed the following interim orders in WP No: 38502 of 2022 and W.P.No. 27844 of 2022, directing the respondents as follows: "directs the respondents to follow the decision of the Hon'ble Supreme Court in the case of Rajesh Kumar Dania v Rajasthan Public Service Commission and others while making appointments in Group-l Services and to follow the principles of Horizontal Reservation for Women Candidates without earmarking any roster points for them" In compliance of the above orders, the Department of Women, Children, Disabled, and Senior Citizens (Prog-I) has issued G.O.Ms.No.3, dated 10.02.2024 to adopt the principle of horizontal reservation for women candidates without earmarking any roster points. Subsequently, Rule 22 of State and Sub-ordinate Service Rules, 1996, was amended vide G.O.Ms.No.35, (General Administration Ser.D) Department, dated 13.02.2024, removing the roster points for Women in direct recruitment. 8. The grievance of the petitioner is that, as per the revised vacancy breakup uploaded on the Commission's Website on 28.06.2024, the One (01) post of HWO Gr-l, previously earmarked for OC (W) in Zone VII Jogulamba, has now been reclassified and earmarked for OC(G), which was earlier earmarked to OC(W). Consequently, the petitioner argues that the 2nd respondent ought to have invited fresh applications from eligible OC(G) candidates by issuing a fresh recruitment Notification. Contrary to this, the 2nd respondent proceeded to fill the said post based on applications received earlier under the Notification No.25/2022, dated 23.12.2022, when the post was still earmarked for OC (Women). The petitioner contends that since the vacancy category changed to OC (General), fresh applications should have been invited from that category, and proceeding with the earlier applications amounts to an arbitrary and unsustainable action. The petitioner, being eligible for the revised vacancy, was unable to apply due to the non- issuance of a fresh Notification. The petitioner contends that since the vacancy category changed to OC (General), fresh applications should have been invited from that category, and proceeding with the earlier applications amounts to an arbitrary and unsustainable action. The petitioner, being eligible for the revised vacancy, was unable to apply due to the non- issuance of a fresh Notification. The petitioner therefore prays for a direction to the respondents to issue a fresh Notification for inviting applications from eligible OC (General) candidates for the revised vacancy of HWO Gr-I and to suspend the written examination from 24.06.2024 to 29.06.2024 to the extent of the said one post allotted to Zone-VII, Jogulamba. 9. Learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in Tej Prakash Pathak & Others v. Rajasthan High Court & Others (Civil Appeal No.2634 of 2013, decided on 07.11.2024), wherein it was observed in paragraph 14: “14. The doctrine proscribing change of rules midway through the game, or after the game is played, is predicated on the rule against arbitrariness enshrined in Article 14 of the Constitution. Article 16 is only an instance of the application of the concept of equality enshrined in Article 14. In other words Article 14 is the genus while Article 16 is a species. Article 16 gives effect to the concept of equality in all matters relating to public employment. These two articles strike at arbitrariness in State action and ensure fairness and equality of treatment. They require that State action must be based on valid relevant principles alike to all similarly situate and not to be guided by any extraneous or irrelevant considerations. In all its actions, the State is bound to act fairly, in a transparent manner. This is an elementary requirement of the guarantee against arbitrary State action which Article 14 of the Constitution adopts. A deprivation of the entitlement of private citizens and private business must be proportional to a requirement grounded in public interest. While accepting the salutary principle that once the recruitment process commences the State or its instrumentality cannot tinker with the "rules of the game" insofar as the prescription of eligibility criteria is concerned, wondered whether that should apply also to the procedure for selection.” In the present case, however, the changes were made only in compliance with the interim orders passed in the aforementioned Writ Petitions. The Department issued G.O.Ms.No.3, dated 10.02.2024, and the amendment to Rule 22 was brought via G.O.Ms.No.35, dated 13.02.2024. Therefore, there was no arbitrariness in the respondents' action, and the doctrine of "rules of the game" is not applicable in this context. 10. Since the Web Note dated 28.06.2024 merely served as a clarification to the original Notification, it is legally valid and can be applied retrospectively to the ongoing recruitment process. Moreover, five (5) vacancies exist under Post Code-1 (HWO Grade-I in the Tribal Welfare Department), and a total of 61,290 male candidates applied under the original Notification. The petitioner, being eligible for Post Codes 01, 02, 04, and 05, failed to apply despite being aware of the Notification. As the maxim goes, "law assists those who are vigilant, not those who sleep on their rights." Therefore, the relief sought by the petitioner cannot be granted. 11. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed.