Duddilla Srinivasa Sharma & Ors vs V.Chrysolite

2. Since the appellants were in service when their recruitment was quashed, along with Special Leave Petition the appellants had also filed I.A. praying for stay of the impugned judgment of the High Court. While issuing notice in the Special Leave Petition on 16.12.2010 this Court had granted interim stay as prayed for. As a consequence, the appellants continue in the employment.

3. Though the notices have been duly served upon the respondent, the respondent has not put in his appearance. Accordingly, we had no option but to proceed with the matter. The Counsel for the appellant was heard at length.

4. Leave granted.

5. The matter relates to the appointment to the post of Junior Assistants in the office of District and Sessions Judge, Adilabad, Andhra Pradesh. The Principal District and Sessions Judge had issued Notification dated 4.12.2009 inviting applications for 17 posts of Junior Assistants. This was in compliance with the directions given by the High Court of Andhra Pradesh. All the appellants herein also applied for the said post. The respondent herein as well as her sister V. Buelah were also the applicants. The educational qualification prescribed for the post included passing of intermediate examination conducted by the A.P. State Board of intermediate examination or any equivalent examination. The appellants as well as the respondent and her sister fulfilled these qualifications. However, since the authorities had received large number of applications, the District Judge decided to raise the bench mark for short listing the candidates and only those candidates having degree qualification were sent letters for participating in the selection process. The Respondent and her sister got excluded in this short listing process.

The High Court also referred to guideline 7 (a) of the Instructions dated 1.7.1996 as per which marks secured in the qualifying examination is the criteria enlisted for the parties of screening/ shortlisting of the applicants for the post in Ministerial Services.

16. We do not find any fault in the aforesaid discussion of the High Court pertaining to the said two judgments and are of the opinion that these judgments do not advance the case of the appellants. On the contrary para 29 of Baloja Badhawath case supports the view taken by the High Court.

17. We fail to understand how a person who fulfils the eligibility conditions as per the recruitment rules can be excluded even from appearing in the qualifying written examination by fixing higher educational qualification bench mark. That would be permissible where the post is to be filled by main written examination (with marks obtained therein to be included in the total marks) followed by viva- voice test OR where the post is to be filled by interview mode alone. Thus, having regard to the specific provision of shortlisting, we are of the opinion that the impugned judgment of the High Court has taken the correct view.

18. The High Court has quashed the selections. These appellants were given appointments vide order dated 16.6.2010. However, even after the setting aside of their appointment they have continued in service because of interim order passed by this Court. In this manner they have served for more than 3 years as Junior Assistants. However, since large number of candidates were excluded from consideration by adopting wrong methodology, the appointments of the appellants cannot be saved. At the same time we are of the opinion that the appellants be allowed to continue till the selection process for filling up the said 17 posts of Junior Assistants is taken afresh by the official respondents. This is to ensure that there is no undue disruption in the Ministerial functioning of the District Court, Adilabad. At the same time we direct that the Principal District and Session Judge shall initiate fresh selection for appointment to the aforesaid posts within one month from the date of this order and complete the selection process within six months from thereafter. The appellant shall also be allowed to participate in the said selection process. Those appellants who get selected will continue to be in service and they will be treated in service from their initial appointment vide orders dated 16.6.2010 protecting their seniority. Those of the appellants who fail in the fresh selection process, their services shall be terminated.

19. Subject to the aforesaid observations the present appeal is dismissed, with no order as to cost.