Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ANDHRA PRADESH SUBORDINATE SERVICE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF IND/A, 1950:Articles 14, 16, 335 - Reservation in recruitment - Andhra Pradesh Subordinate Service Rules, 1996, 22 and 22A - Validity and applicability of ANDHRA PRADESH SUBORDINATE SERVICE D RULES, 1996: Rules 4, 22 and 22A - Reservation in appointments - Protection of - Constitutional validi(y of LOCUS STAND: Public Service Commission - Selection Procedure - Locus standi of the Commission - Held it could maintain the writ petition. The Government of Andhra Pradesh used to issue orders laying down norms to be adopted for filling up of vacancies in Group-I services in the State. The selection process contained preliminary examination and main examination followed by interview. For the preliminary and main examination, two criteria used to be adopted, Gone for the general category and the other for the reserved category. The said procedure came to be challenged before the High Court. On the basis of the judgment of the High Court, the State issued fresh G.O. providing that the candidates who had applied for Group.I services would be shortlisted based on preliminary examination (Screening Test) in the ratio of 1 :50 to the total no. of vacancies available at the material time irrespective of community. In accordance with the said G.O. a Notification was issued in 2003 calling applications for Group-I services. The Notification was challenged in a writ petition but without success. A Notification was issued in 2007 notifying 196 vacancies. 1,68,000 candidates applied and 9800 candidates were shortlisted to take the main examination. Some of the unsuccessful candidates approached the State Tribunal. The application was dismissed by the Tribunal. Aggrieved, the unsuccessful candidates filed a writ petition in the High Court. The High Court directed the Commission to prepare a statement showing the ratio D as also category-wise data of the candidates permitted to appear for the Main examination as per the Commission; that despite noticing the ratio laid down, in regard to certain category of candidates, as for example, OC, BC(C), BC(E), women and physically handicapped candidates, in its earlier decisions in S. Jafeer Saheb as also in. Raju, it was held that in the said case as the ratio of the candidates in respect of those categories fell much short of 1 :15 ratio, the said GOMs dated 31.12.1997 1 as also the notification dated 27.12.2007 were held to be ultra vires Articles 14 and 16 of the Constitution of India. Hence the appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 468 |
Petitioner | Andhra Pradesh Service Commission |
Respondent | Baloji Badhavath & Ors. |
SCR | [2009] 5 S.C.R. 688 |
Judgement Date | 2009-04-08 |
Case Number | 2244 |
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