Pitta Naveen Kumar & Ors vs Raja Narasaiah Zangiti & Ors

For filling up of the vacancies so notified, the Andhra Pradesh Public Service Commission (for short "the Commission") issued a notification on or about 21.11.2003 inviting applications from candidates eligible therefor. The salient features of the recruitment process are as under:

Thereafter an Original Application was filed before the Andhra Pradesh Administrative Tribunal by some candidates being OA No. 1708 of 2004 inter alia for a declaration that notification of vacancies in nine categories of posts only instead and place of twenty categories in Group I services was illegal. By an interim order dated 16.4.2004, it was directed:

A notification was issued being GOMs No. 164 on 6.7.2004 fixing 1.7.1999, instead of 1.7.2003 as originally stipulated, as the relevant date for fixing the upper age limit for candidates eligible to appear at the examination.

The Commission thereafter issued a supplemental notification being No. 6 of 2004 on 7.8.2004 inviting applications for filling up of 170 additional vacancies stipulating:

A second preliminary test thereafter was held on 10.10.2004 for about 51,768 candidates who had applied in response to the said supplemental examination. The Commission upon holding the said preliminary test released a list of 28,865 candidates stating that the marks obtained by the last candidate admitted into the main examination was 66% which was arrived at in terms of the ratio of 1:2 stipulated in the rules of selection. The said list was prepared with reference to 524 notified vacancies as on 7.8.2004 which included 223 vacancies notified after the issue of the initial notification for 301 vacancies on 21.11.2003 and upon taking into account the results of both the preliminary tests held on 28.3.2004 and 10.10.2004. Questioning inter alia the said action on the part of the Commission, some candidates who had not been admitted into the Main Examination filed an original application before the Tribunal which was numbered as OA No. 26 of 2005 praying for the following directions to the Respondents:

An interim order was passed therein by the Tribunal on 6.1.2005 reducing the cut-off marks for appearing in the main examination from 66% to 61% on the premise "so that some opportunity is given to some more candidates to appear for main examination as some more posts are there not notified have to be considered."

An application for vacating the said interim order was filed by the candidates aggrieved thereby whereupon by an order dated 9.4.2005 it was directed:

(ii) The interim order dated 6.1.2005 and GOMs has the effect of allowing 23,000 candidates who were otherwise ineligible to appear in the examination thereby causing prejudice to the candidates who were initially selected.

Yet again, GOMs No. 133 was issued on 23.3.2005, in terms whereof the State allowed the candidates who had fulfilled the educational and age qualification, as per enhanced age limits eligible for recruitment to Group 1 service stating:

Initially, there had been 301 vacancies. 223 vacancies were later on added. 1,52,000 applications were received pursuant to the first advertisement. About 51,768 applications were filed after issuance of the impugned GOs. By reason of the subsequent GOs, however, those who had appeared in the first preliminary examination were debarred from appearing in the second examination. The reason therefor is not far to seek. The result of the first preliminary examination had not been announced. A combined result was announced both in respect of the first preliminary examination as also the second preliminary examination. Both the examinations were held to be a part of the same recruitment process. It may be that in relation thereto different question papers were set or different examiners examined them but it must be borne in mind that the said examinations were held only for the purpose of elimination of candidates. The result of the said examination was not to affect the ultimate selection process.

Relaxation can be given only if there exists any provision therefor in the Rules. GOMs No. 200 dated 30th April, 2005, in our opinion, must fall having regard to the vacation of interim order by the Tribunal and consequent dismissal of the original application. It will bear repetition to state that, while issuing the same, the Government did not apply its own mind. Only those candidates who came within the purview of the rule existing theretobefore could have been subjected to further selection process.

For the foregoing reasons, we are of the opinion that while GOMs No. 164 and 133 are not invalid, GOMs No. 200 is. The Commission was, thus, statutorily enjoined to interview only such candidates who had passed the written examination in 1:50 ratio. Only upon shortlisting the said candidates, the interview can be held at the ratio of 1:2.

To the aforementioned extent, the Commission must undertake selection process afresh. We, however, make it clear that those who have not passed the written examination would not be entitled to be considered in terms of the aforementioned directions. The appeals are allowed to the aforementioned extent. No costs.