IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NOs. 21231 of 2004, 10010 of 2004, 21224 of 2004, 7341 of 2004, 7041 of 2004, 3120 of 2003, 7896 of 2004 & 7897 of 2004 WRIT PETITION NO : 21231 of 2004 Between: 1. A. Chandraprakash, S/o. A. Chennappa, Aged 55 years, Occu: Coop. Deputy Registrar/Liquidator, Bhagyanagar Cooperative Urban Bank Ltd., J.N.Road, Abids, Hyderabad. 2. G. Prasad Rao, S/o G. Ramayya, aged 52 years, Occu: Coop. Deputy Registrar/Liquidator, Vijaya Coop. Urban Bank Ltd., Hyderabad. 3 P. Pentaiah, S/o. Sataiah, aged 50 years, Cooperative Sub- Registrar. ..... PETITIONERS AND 1 State of Andhra Pradesh rep. by its Secretary to Government, Cooperative Department, Secretariat, Hyderabad. 2 The Commissioner for Cooperation & Registrar of Cooperative Societies , Andhra Pradesh, Hyderabad. 3 M. Prabhakara Reddy, S/o. M. Amara Reddy, Senior Inspector, O/o. District Cooperative Audit Office, Hyderabad. 4 K. Janardhan, S/o. K. Ellaiah, Senior Inspector/Auditor Senior Inspector O/o. District Coop. Audit Office, Hyderabad. 5 K. Chinnapa Reddy, Senior Inspector of Coop. Societies, District Coop. Office, Ranga Reddy District. 6 S. Yakub Hussain, S/o. Late Lala Miah, Senior Inspector/ Auditor, District Coop. Audit Office, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court maybe pleased to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus declaring the order dated: 19.12.2003 passed in O.A.No.878/1995, on the file of the A.P. Administrative Tribunal, at Hyderabad, as arbitrary, illegal and contrary to law and consequently set aside the same. Counsel for the Petitioner: MR.J.KANAKAIAH Counsel for the Respondent 1 & 2 : GP FOR SERVOCES-I Counsel for the Respondent Nos. 3 to 6 : Mr. P.V. SUBRAHMANYA SARMA, WRIT PETITION NO : 10010 of 2004 Between: 1. M.Venkatachalam S/o Manikyam, Aged 54 years, Occu: Coop.Sub-Registrar, District Central Cooperative Bank, Chittoor District. 2. T.C.Obulesh S/o Marappa, aged 55 years, Coop. Sub Registrar/Superintedent(Accounts), District Water Management Authority Anantapur District. ..... PETITIONERS AND 1 The Commissioner for Cooperation & Registrar of Cooperative Societies Andhra Pradesh, Hyderabad. 2 Regional Joint Registrar of Coop. Societies Cuddapah, Cuddapah District. 3 A.Ravi Kumar Senior Inspector of Coop. Societies/Auditor, Chittoor Coop. Sugar Ltd., R/o 28-1046, Kammaiah Naidu Colony 2nd Line , Chittoor, Chittoor District. 4 C.Vijayabhaskara Rao Senior Inspector of Coop. Societies/ M.C.O. O/o District Cooperative Officer,chittoor R/o Greamspet, Chittoor, Chittoor District. 5 B.Anjaneyulu (R-5 is not necessary party to this Writ Petition) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, preferably one in the nature of Writ of Mandamus declaring the order dated: 19/12/2003 passed in OA.No.2125/1993 on the file of the AP., Administrative Tribunal, at Hyderabad, as arbitrary, illegal and contrary to law and consequently set aside the same. Counsel for the Petitioner: MR.J.KANAKAIAH Counsel for the Respondent Nos.1 and 2: GP For Services-I Counsel for the Respondent Nos.3 and 4: Mr. M. Surender Rao. WRIT PETITION NO : 21224 of 2004 Between: 1. A. Chandraprakash, S/o. A. Chennappa, Aged 55 years, Occu: Coop. Deputy Registrar/Liquidator, Bhagyanagar Cooperative Urban Bank Ltd., J.N.Road, Abids, Hyderabad. 2. G. Prasad Rao, S/o G. Ramayya, aged 52 years, Occu: Coop. Deputy Registrar/Liquidator, Vijaya Coop. Urban Bank Ltd., Hyderabad. ..... PETITIONERS AND 1 State of Andhra Pradesh rep. by its Secretary to Government, Cooperative Department, Secretariat, Hyderabad. 2 The Commissioner for Cooperation & Registrar of Cooperative Societies , Andhra Pradesh, Hyderabad. 3 Vali Mohd.Khan, Senior Inspector of Coop. Societies, Disrict Coop. Office, Ranga Reddy District. 4 Hashim Ali, Senior Inspector of Coop. Societies, Disrict Coop. Office, Ranga Reddy District. 5 Syed. Masoom Iqbal, Senior Inspector of Coop. Societies, Disrict Coop. Audit Office, Hyderabad. 6 M.A. Haleem, Senior Inspector of Coop. Societies, Disrict Coop. Audit Office, Ranga Reddy District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of mandamus declaring the order dated 19-12-2003 passed in O.A.No. 5518/1994, on the file of the A.P. Administrative Tribunal at Hyderabad as arbitrary, illegal and contrary to law and consequently set aside the same. Counsel for the Petitioner: MR.J.KANAKAIAH Counsel for the Respondent No.1 & 2: Govt. Pleader for Services-I. Counsel for the Respondents No.3 to 6: None appeared. WRIT PETITION NO : 7341 of 2004 Between: 1. A. Chandraprakash, S/o. A. Chennappa, Aged 55 years, Occu: Coop. Deputy Registrar/Liquidator, Bhagyanagar Cooperative Urban Bank Ltd., J.N.Road, Abids, Hyderabad. 2. G. Prasad Rao, S/o G. Ramayya, aged 52 years, Occu: Coop. Deputy Registrar/Liquidator, Vijaya Coop. Urban Bank Ltd., Hyderabad. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Secretary to Government Cooperative Department, Secretatiat, Hyderabad. 2 The Commissioner for Cooperation & Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad 3 U. Chittaranjan Rao, S/o. U. Venkaiah, aged 46 years, Senior Inspector of Coop.Societies, O/o. D.C. Audit Officer, Hyderabad Urban, Presently in the O/o. Divil. Cooperative Officer, M-7 Block, 3rd Floor, A.P.H.B., M.J. Road, Nampally, Hyderabad. 4. Sudhakar. .....RESPONDENTS (R-4 is not necessary party to this Writ Petition ) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, order or direction preferably one in the nature of Writ of Mandamus declaring the order dated 28-11-2003 passed in O.A.No.6042/1994 on the file of the A.P. Administrative Tribunal, at Hyderabad, as arbitrary illegal and contrary to law and consequently set aside the same. Counsel for the Petitioner: MR.J.KANAKAIAH Counsel for the Respondent No.1 & 2 : GP For Services-I Counsel for the Respondent No.3 : Mr. J.R. Manohar Rao. WRIT PETITION NO : 7041 of 2004 Between: 1 S.Sarath, s/o S.Veera Raghavaiah,48 years, Deputy Registrar/Officer on Special Duty, District Co-operative Central Bank, Nellore, Nellore District. 2.P.Laxminarayana, s/o P.Somaiah, 51 years, Divisional Co-operative Officer, Ongole, Prakasam District. 3.R.Ratnam, s/o late R.Devasahayam, 55 years, Deputy Registrar/Accounts, Office of the Commissioner for Co-operation and Registrar of Co-operative Societies, Gruhakalpa Buildings, Nampally, Hyderabad. 4.V.Mark, s/o Kotaiah, 50 years, Divisional Co-operative Officer, Guntur, Guntur District. 5. A.Venkat Ratnam, s/o late A.Penchalaiah, 52 years, Divisional Co-operative Officer, Kavali, Nellore District. 6.S.Venkataiah, s/o S.Rosaiah, 53 years, Co-operative Sub- Registrar/Auditor, District Scheduled Caste Service Co-operative Society, Nellore, Nellore District. 7.K.Prasad Rao, s/o Manoharam, 55 years, Divisional Co-operative Officer, Nellore, Nellore District. 8.M.Gurunadham, s/o Kotaiah, 52 years, Deputy Registrar/Audit Officer, District Co-operative Central Bank Limited, Guntur, Guntur District. 9.U.Vara Prasada Rao, s/o Chintaiah, 56 years, Divisional Co- operative Officer, Kandukur, Prakasam District. 10.D.Deenavandanam, s/o D.Ratnam, 52 years, Co-operative Sub- Registrar, Guntur, Guntur District. 11. Smt.R.Jaya, w/o R.Koteswara Rao,, 56 years, Divisional Co-operative Officer, Tenali, Guntur District. 12. S.Sangeetha Rao, s/o Veeraswamy, 56 years Co-operative Sub- Registrar, o/o District Co-operative Audit Office,Guntur, Guntur District. 13. Ch.Kondaiah, s/o Kotaiah, 50 years,Deputy Registrar/ A.P.O.District Rural Development Agency, Ongole, Prakasam District. ..... PETITIONERS AND 1. The Commissioner for Co-operation & Registrar of Cooperative Societies, Gruhakalpa Buildings, Nampally, A.P., Hyderabad. 2.K.Sri Rama Murthy, s/o Ramaiah,35 years, Senior Inspector of Cooperative Societies, District SGSC Society, Nellore, Nellore District. 3.C.Sitaramaiah, s/o Sriramulu, Aged about 40 years, Senior Inspector of Cooperative Societies, Working as Auditor, District Cooperative Audit Office, Guntur, Guntur District. 4.V.V.Subrahmanyam, s/o Narayana Prasad, Aged about 42 years, Senior Inspector of Cooperative Societies, o/o Registrar of Cooperative Societies, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of certiorari; a) call for the records relating to and connected with the order and judgment rendered in Original Application No.2126 of 1993 dated 19-12-2003 and quash or set aside the same holding it as unjust and untenable; b)dismiss the original application No.2126 of 1993 dated 19-12-2003 instituted by the unofficial respondents on the file of the A.P. Administrative tribunal as not tenable. Counsel for the Petitioner: MR.NUTY RAM MOHAN RAO Counsel for the Respondent No.1: GP For Services-I Counsel for the Respondent Nos.2 to 4: Mr. M. Surender Rao WRIT PETITION NO : 3120 of 2003 Between: 1. C.Narasimlu S/o Narsaiah, age 51 years, Occu: Cooperative Sub- Registrar, O/o District Cooperative Office, Cuddapah. 2. Poma Naik S/o Gobre Naik, age 44 years, Cooperative Sub- Registrar, Cuddapah. 3. T. Ramachandraiah s/o Tiru Vengalaiah, age 52 years, Cooperative Sub-Registrar, Mangalam, Tirupathi, Chittoor District. 4. T. Raghava Rao s/o T. Subbaiah, age 55 years,Sub-Registrar of Cooeprative Society, Cuddapah District. 5. S. Balaswamy s/o S. Dyvandanadam, age 51 years, Sub-Registrar of Cooperative Society, Cuddapah District. 6. C. Pedda Subbanna s/o Subbanna, age 52 years, Sub-Registrar of Cooperative Society, Cuddapah District. ..... PETITIONERS AND 1. The Commissioner for Cooperation & Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad 2. The Addl. Registrar of Cooperative Societies, A.P. Hyderabad. 3. L. Kumara Swamy Raja, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 4. T. Shiva Shankarappa, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 5. R. Ramachandra Rao, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 6. R. Musalappa, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 7. N.Venkata Sheshaiah, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 8. D. Narayana, Senior Inspector/Auditor, D.C.M.S. Anantapur. 9. K.B. Kailasa Nath, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 10.P. Ramachandra, Cooperative Sub-Registrar, Dharmavaram. 11.M. Sangaiah, Senior Inspector/Head Assistant, O/o District Cooperative Officer, Anantapur. 12.B. Balachandrudu, Cooperative Sub-Registrar ABCC Bank, Ananthapur. 13.K.M.Abdulla, CSR, O/o Asst. Director(Seri), DMM, Ananthapur. 14.T. Govindaiah, Cooperative Sub-Registrar, O/o The District Cooperative Audit Officer, Chittoor. 15.S. Bala Subramanyam, Cooperative Sub-Registrar O/o Divl. Coop.Sub-Registrar, Tirupathi. 16.B.L.Gangappa, Cooperative Sub-Registrar,Hindupur, Ananthapur District. 17.C. Narasimhulu, Cooperative Sub-Registrar, O/o Divl. Cooperative Officer, Ananthapur. 18.B. Pullappa, Cooperative Sub-Registrar O/o Director of (Sericulture) Ananthapur. 19.R. Sampath Rao, Cooperative Sub-Registrar O/o District Cooperative Officer, Chittoor. 20.P. Prasad, Cooperative Sub-Registrar O/o Divl. Cooperative Officer, Chittoor. 21.B. Prabhakar, Cooperative Sub-Registrar, O/o Divl. Cooperative Officer, Hindupur, Ananthapur District. 22.A. Ayyanna, Cooperative Sub-Registrar, O/o Divl. Cooperative Officer, Ananthapur. 23.J. Anjaneyulu, Cooperative Sub-Registrar, O/o Divl. Cooperative Officer, Ananthapur. 24.S. Venkatesh Naik, Cooperative Sub-Registrar CSR/Auditor, Dharmavaram. 25.G. Obulesu, C.S.R. O/o District Cooperative Officer, Cuddapah-516 001. 26.G. Anjaneyulu Cooperative Sub-Registrar/Auditor, O/o District S.C. Service, Cooperative Society, Ananthapur-515 001. 27.M. Venkatachalam Cooperative Sub-Registrar O/o District Cooperative Officer, Chittoor. 28.B.Anjaneyulu, Cooperative Sub-Registrar, O/o District Cooperative Officer, Chittoor. 29.T.C.Obulesu, Cooperative Sub-Registrar, O/o District Cooperative Officer, Anantapur. 30.B.Anjaiah, Cooperative Sub-Registrar O/o District Officer, Chittoor. 31.Smt. S.Nagamani, Cooperative Sub-Registrar O/o District Cooperative Officer, Chittoor. 32.C.B.G.Tilak, Cooperative Sub-Registrar O/o District Cooperative Officer, Chittoor. 33.Ch.Subarayudu, Cooperative Sub-Registrar O/o District Cooperative Officer, Chittoor. 34.Smt. K. Parimala, Cooperative Sub-Registrar (S.C.)O/o District Cooperative Officer, Chittoor. 35.K.Amarnadh, Cooperative Sub-Registrar (S.T)O/o District Cooperative Officer, Kurnool. 36.S. Rama Chandram, Cooperative Sub-Registrar O/o The District Cooperative Officer, Chittoor. 37.B.Kanchana Kumari, Cooperative Sub-Registrar O/o District Cooperative Officer, Cuddapah. 38.B.Muni Raju, Cooperative Sub-Registrar O/o District Cooperative Officer, Cuddapah. 39.T.Jayanna, Cooperative Sub-Registrar O/o District Cooperative Officer, Cuddapah. 40.C.Murugan, Cooperative Sub-Registrar, O/o The District Cooperative Officer, Chittoor. 41.P.Laleppa, Cooperative Sub-Registrar O/o The Divl. Cooperative Officer, Dharmavaram. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, particularly one in the nature of writ of mandamus declaring the impugned Order dated: 3.12.2002in O.A.NO. 5881 of 1996 as bad and illegal and contrary to the Rules, 1989 read with Rule 22 of A.P. State Subordinate Service Rules, 1962 and also contrary to Article 16(4)(A) as amended by 85th Constitutional Amendment Act, 2001 and consequently declare that the seniority of the petitioners and their promotions in their respective cadres is legal and in accordance with the law. Counsel for the Petitioners: MR.G. CHANDRAIAH Counsel for the Respondent Nos.1 & 2: GP For Services-I Counsel for the Respondent Nos.3 to 41: None appeared. WRIT PETITION NO : 7896 of 2004 Between: K.Sujatha, W/o D.Prasada Rao, aged about 37 years, occu: Co- opeative Sub-Registrar, O/o.The Commissioner for Co-operation & Registrar of Cooperative Societies, Gruhakalpa Buildings, Nampally, Andhra Pradesh, Hyderabad. ..... PETITIONER AND 1 The Commissioner for Co-operation & Registrar of Cooperative Societies, Gruhakalpa Buildings, Nampally, A.P.Hyderabad. 2 V.Narasimha Rao, S/o.Addnakayan Naidu, 50 years, Cooperative Sub-Registrar, O/o.Dist.Co-operative Audit office, Guntur. 3 K.Siva Reddy, S/o.Chandra Reddy,46 years, Senior Inspector/ Auditor , O/o.Dist.Co-operative Audit officer, Guntur, Guntur Dist. 4 K.Rajendra Prasad, S/o.Venkateswara Rao, 47 years, Senior Inspector/ Auditor, O/o District Co-operative Audit Officer, Guntur, Guntur District. 5 U.V.Narayana, S/o.U.S.N.Murthy,43 years, Senior Inspector/ Auditor, O/o.District Co-operative Audit Officer, Guntur Guntur Dist. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court in the interest of justice be pleased to issue a writ, order or direction, more particularly one in the nature of writ of certiorari; A) call for the records relating to and connected with the order and judgment rendered in Original Application No.4808 of 1993 dated 19-12- 2003 and quash or set aside the same holding it as unjust and untenable; B) Dismiss the Original Application No.4808 of 1993 dated 19-12-2003 instituted by the unofficial respondents on the file of the A.P. Administrative Tribunal as not tenable. Counsel for the Petitioner: MR.NUTY RAM MOHAN RAO Counsel for the Respondent No.1 : GP FOR SERVICES I Counsel for the Respondents No.2 to 5: None appeared. WRIT PETITION NO : 7897 of 2004 Between: 1. Sri G.Ravirajasekhar, s/o late T.H.Mothy, 40 years, Co-operative Sub Registrar, o/o District Co-operative Officer, Ongole, Prakasam District. 2.Sri C.V.Ramanaiah, s/o late Venkateswarlu,49 years, Sub-Divisional Co-operative Officer, Podili, o/o Prakasam District Co-operative Central Bank, Podili, Prakasam District. 3.Sri K.Joseph, s/o Kamaiah, 52 years, Co-operative Sub-Registrar, Sub-Divisional Co-operative Officer, Near Sailaja Theatre, Kandukur, Prakasam District. ..... PETITIONERS AND 1. The Commissioner for Co-operation & Registrar of Cooperative Societies, Gruhakakpa Buildings, Nampally, A.P., Hyderabad. 2. V.Narasimha Rao, s/o Addnakaya Naidu, 50 years, Co-operative Sub-Registrar, O/o District Co-operative Audit Office, Guntur. 3.K.Siva Reddy, s/o Chandra Reddy,46 years, Senior Inspector/ Auditor, o/o District Co-operative Audit Officer,Guntur, Guntur District. 4.K.Rajendra Prasad, s/o Venkateswara Rao, 47 years, Senior Inspector/Auditor, o/o District Co-operative Audit Officer, Guntur, Guntur District. 5.U.V.Narayana, s/o U.S.N.Murthy, 43 years, Senior Inspector/ Auditor, o/o District Co-operative Audit Officer, Guntur, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court in the interest of justice be pleased to issue a writ, order or direction; more particularly one in thenature of writ of certiorari; a) Call for the records relating to and connected with the order and judgment rendered in Original Application No.4808 of 1993 dated 19- 12-2003 and quash or set aside the same holding it as unjust and untenable; b) dismiss the Original Application No.4808 of 1993 dated 19-12-2003 instituted by the unofficial respondents on the file of the A.P. Administrative Tribunal as not tenable. Counsel for the Petitioner: MR.NUTY RAM MOHAN RAO Counsel for the Respondent No1: GP FOR SERVICES I Counsel for the Respondents No.2 to 5: None appeared. The Court made the following : THE HON’BLE SRI JUSTICE G.BIKSHAPATHY AND THE HON’BLE SRI JUSTICE P.S. NARAYANA W.P.Nos. 21231 of 2004, 10010 of 2004, 21224 of 2004, 7341 of 2004, 7041 of 2004, 3120 of 2003, 7896 of 2004 and 7897 of 2004 COMMON JUDGMENT: (per G. Bikshapathy J) 1. All the Writ Petitions can be disposed of by a common judgment. 2. The issue that calls for consideration in these Writ Petitions is: “In the event of non-availability of S.C. and S.T. candidates for being promoted to the post of Senior Inspectors and Cooperative Registrars in the Cooperative Department for more than 2 years, whether the posts which are meant to be filled up by the reserved candidates get de-reserved automatically for non-availability of the reserved candidates or whether the backlog vacancies are liable to be carried forward beyond two years.” 3. The issue arose in the following circumstances: In the Cooperative department, recruitments were made for various posts including Junior Assistants, Junior Inspectors, Senior Inspectors and the Cooperative Sub- Registrars by direct recruitment as well as the promotion from the lower levels as provided under the Rules called the Andhra Pradesh Cooperative Subordinate Service Rules framed in G.O.Ms.No. 2731,Public Services, dated: 30.9.1953. However, these rules were superseded by amended Rules in G.O.Ms.No. 266 Food & Agriculture, (Cooperation-II) Department, dated: 18.4.1990. 4. Under Rule 3, the method of appointment and appointing authorities are set out. For the purpose of this case, following extract would make the matter clear: ------------------------------------------------------------------------------------------------- Category Method of Appointment Appointing Authority ------------------------------------------------------------------------------------------------- 1. Cooperative (i) Direct Recruitment Addl. Registrar of Co- Sub-Registrar (ii) by promotion from category-2 operatives, Cooperative, (Senior Inspectors). Societies in charge of administration. 2. Senior by promotion from Category-3 -do- Inspector (Junior Inspectors, Junior Assts. Typists in the Cooperative Department.) ------------------------------------------------------------------------------------------------- 5. Rule 4 contains reservation in appointment, which reads thus: “4. Reservation of appointments :-(a) Except in so far as it relates to the physically handicapped persons the rule of special representation (General Rule 22) shall apply to the appointments to the categories and the method of appointment as specified below:- 1. Co-operative Sub-Registrars :by direct recruitment and by promotion from Senior Inspector 2. Senior Inspectors : by promotion form Junior Inspectors 3. Junior Inspectors : by direct recruitment and by transfer from clerks and typists working in Co-operative Department. Provided that in the case of appointments to the posts of Co-operative Sub- Registrars, Senior Inspectors by promotions and appointment to the posts of Junior Inspectors by transfer rule of reservation (General Rule 22) shall be applicable in so far as it relates to the Scheduled Castes and Scheduled Tribes. (b) In the matter of appointment by direct recruitment to the post of Co- operative Sub-Registrars, Junior Inspector, other things being equal, preference shall be given to women.” 6. The General Rule 22 of State and Subordinate Service Rules have been made applicable to the reservations in appointments, which reads thus: “Rule 22 Special Representation (Reservation) :--(1) Reservations may be made for appointments to a service, class or category in favour of Scheduled Castes, Scheduled Tribes, Backward Classes, Women, Physically Handicapped, Meritorious Sportsman, Ex-Servicemen and such other categories, as may be prescribed by the Government from time to time, to the extent and in the manner specified hereinafter in these rules or as the case may be, in the special rules. The principle of reservation as hereinafter provided shall apply to all appointments to a service, class or category-- (i) by direct recruitment, except where the Government by a general or special order made in this behalf, exempt such service, class or category; (ii) otherwise than by direct recruitment where the special rules lay down specifically that the principle of reservation in so far as it relates to Scheduled Castes and Scheduled Tribes only shall apply to such services, class or category to the extent specified therein. (2)(a)The unit of appointments for the purpose of this rule shall be one hundred vacancies, of which fifteen shall be reserved for Scheduled Castes, six shall be reserved for Scheduled Tribes, twenty five shall be reserved for the Backward Classes and the remaining fifty four appointments shall be made on the basis of open competition and subject to Rule 22-A of these rules. (b) Out of fifty-four appointments to be made on the basis of open competition, three appointments shall be reserved for direct recruitment of the physically handicapped persons. (c) In the case of appointments to clerical posts including the posts of typists, i.e., in Group II and Group IV services and in the case of posts in the Andhra Pradeshs Police Subordinate Service, to which the principle of reservation of appointments applies, out of fifty four, as the case may be, fifty one appointments to be made on the basis of open competition, two appointments shall be reserved for direct recruitment of Ex- servicemen. (d) In the case of appointments to the posts of Senior Assistants, Junior Assistants, Junior Stenographers, Typists and Record Assistants in the Offices of Heads of Departments, Assistant Section Officers, Typist-cum-Assistants, Junior Stenographers and Record Assistants in the Secretariat to which the principle of reservation of appointments applies, out of fifty four, as the case may be, forty nine appointments to be made on the basis of open competition, one appointment shall be reserved for direct recruitment of meritorious sportsmen: Provided that the claims of members of the Scheduled Castes, Schedule Tribes, Backward Classes, Women and the Physically Handicapped persons or the Ex-servicemen as the case may be, shall also be considered for the remaining appointments which shall be filled on the basis of open competition, the number of appointments reserved for that category shall in no way be affected during the period the reservation for that category is in force. (e) Appointments under this rule shall be made in the order of rotation specified below in unit of hundred vacancies: xxx xxx xxx (f) The reservation in the case of Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) and physically handicapped persons shall be in force for the period commencing from the 23rd September, 1990 to 22nd September, 2000. (g) If in any recruitment, qualified candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) women are not available for appointment to any or all the vacancies reserved for them, a limited recruitment confined to candidates belonging to them shall be made immediately after the general recruitment to select and appoint qualified candidates from among the persons belonging to these communities to fill such reserved vacancies. (h) (i) If in any recruitment, qualified candidates belonging to Scheduled Castes, or Scheduled Tribes, or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women are not available for appointment to all or any of the vacancies reserved for them even after conducting a limited recruitment as specified in sub-rule (g), such vacancies or vacancy may be allotted to the Open Competition after obtaining the permission of the Government and may, thereafter, be filled by a candidate or candidates selected on the basis of open competition. (ii) Where any vacancies reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women are so filled by candidates belonging to other communities, an equal number of vacancies shall be reserved in the succeeding recruitment or for the Scheduled Castes or Scheduled Tribes or Backward Classes or women in addition to the vacancies that may be available for that recruitment for them and if in the said succeeding recruitment year also, qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women are not available for appointment to all or any of the additional vacancies which are so reserved in that succeeding recruitment year, an equal number of vacancies shall again be reserved in the next succeeding recruitment year for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women in addition to the number of vacancies that may be available for the next succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women : Provided that if in the said second succeeding recruitment also no qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women are available for appointment to