A.P. Public Service Commission vs K. Sudharshan Reddy & Ors

Pursuant to an advertisement No.2/83 published by it, the Andhra Pradesh Public Service Commission conducted recruitment to Group-II (A) Services and upon completion of the process of selection, the selected candidates were appointed in 1985 itself. In keeping with GOMS No. 502 dated 26th June, 1976, 5 % weightage marks were awarded to candidates who had obtained their basic qualifications through Telugu medium. The same was challenged before the Andhra Pradesh High Court by Non-Telugu Medium candidates in a Writ Petition, being No. 2041/1981, which was allowed by the learned Single Judge by his judgment dated 7th June, 1981. By the said judgment and order the learned Single Judge quashed the aforesaid Government Order on the ground that it was discriminatory and violative of Articles 14 and 16 of the Constitution.

Two Writ Appeals were filed from the order of the learned Single Judge, one by the State of Andhra Pradesh and the other by the Telugu Medium candidates. Both the Writ Appeals were heard analogously by a Division Bench of the Andhra Pradesh High Court which by its judgment and order dated 15th September, 1981 allowed he Writ Appeals and upheld the Government Orders whereby 5 % weightage in total marks was given to Telugu Medium candidates, upon holding that the same did not violate Articles 14 and 16 of the Constitution. Consequently, the Writ Petition filed by the Non-Telugu Medium Candidates was dismissed. The same resulted in the filing of Civil Appeal No.2914/1981 ( V.N. Sunanda Reddy & Ors. vs. State of Anhdra Pradesh & Ors.) in this Court. Subsequently, the State of Andhra Pradesh issued a more comprehensive Government Order No.603 dated 18th November, 1981 and extended 5 % weightage to all Telugu Medium Students who were candidates for recruitment by the Andhra Pradesh Public Service Commission to any service in the State of Andhra Pradesh. The statutory rules framed in terms of the said Government Order were once again challenged by Non-Telugu Medium candidates before the Andhra Pradesh Administrative Tribunal at Hyderabad. The Tribunal by its order dated 18th January, 1994, allowed the said application filed by the Non- Telugu Medium candidates upon holding. as was done in the earlier matter, that the said Government Order was violative of Articles 14 and 16 of the Constitution. As will be apparent, the view taken by the Tribunal was contrary to the decision of the Division Bench of the Andhra Pradesh High Court and it resulted in a Special Leave Petition being (Civil) No. 6395/1994 filed by the Telugu Medium candidates and by the State of Andhra Pradesh by way of Special Leave Petition ) No. 13446/1994. As the question involved in both the matters was the same, they were taken up together for hearing by this Court and were disposed of by a common judgment dated 25th January, 1995.

Consequently, Civil Appeal No. 2914/1981 was allowed, the judgment and order of the Division Bench was set aside and the decision of the learned Single Judge was restored and the Civil Appeal arising out of SLP ) Nos. 6395 & 13446/1994 were dismissed and the judgment and order of the Andhra Pradesh Administrative Tribunal at Hyderabad in O.A.No. 2142/1993 was confirmed.

Both the Original Applications were disposed of by the Tribunal by its aforesaid judgment and order dated 23rd May, 2001, which was challenged before the Andhra Pradesh High Court by way of Writ Petitions Nos. 16321/1001 and 16283/2001. Both the Writ Petitions were dismissed by identical orders with the observation that the Tribunal had merely followed the judgment of this Court and the impugned order did not, therefore, suffer from any legal infirmity. These two appeals before us have been filed by the Andhra Pradesh Public Service Commission against the orders passed in the said Writ Petitions and since they involve common questions of law and fact, the same have been taken up together for hearing and disposal.

Furthermore, the question of seniority was never in question prior to the decision of this Court in Civil Appeal No.2914/1981 decided on 25th January, 1995. Apart from the above, the other submission of Mr. Ranjit Kumar regarding the difficulty of unsettling the settled position after all these years cannot also be lightly brushed aside.

For the reasons aforesaid, the appeals must succeed and are allowed. The judgment and orders of the Andhra Pradesh High Court appealed against are hereby set aside along with the judgment and order dated 23rd May, 2001 passed by the Andhra Pradesh Administrative Tribunal passed in O.A.Nos.6141/1995 and 2470/2001.

There will be no order as to costs.