Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wait list A.P. Service Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law : A.P. Service Commission (Procedure) Rules-Rule 6-Selection-Wait list-Commission could select candidates from wait list-Commission could also freeze the list-Respondent placed on wait list-Fresh advertisement for recruitment-Rule amended stating that fall out vacancies to be filled up from wait list-Respondent claiming entitlement to appointment-High Court holding that amended rule was operative and directing Commission to forward name of respondent for appointment-Justification of-Held : High Court was not justified in referring to the amended Rule as after commencement of selection process, the prescribed selection criteria cannot be changed-The fact that Commission had directed fresh advertisement clearly indicates that it had freezed the wait list and did not want to give effect to it. Selection norms-Relaxation-Scope of-Held : Criteria for selection not to be relaxed by the authorities after the commencement of the selection process. Statutory construction-Rule-Every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. Appellant Service Commission invited applications for the post of Assistant PRO on 17.1.1995. The selections were finalized on 2.7.1996. Respondent no. 1 was placed in the wait list which was valid for one year. As per existing Rule 6 of the A.P. Service Commission (Procedure) Rules, Commission could select candidates from ranking list in place of those who relinquish the selection or who do not join duty within time and also new requisitions sent by appointing authority; however, the Commission had right to freeze any ranking list for reasons recorded. This Rule was amended on 30.7.1997, stating that fall out vacancies, if any, due to relinquishment and non-joining of selected candidates shall be notified in the next recruitment. On 14.4.1997, competent authority had notified 14 vacancies. Respondent No. 1 claimed that he was entitled for appointment as these vacancies ought to be filled up by candidates from wait list. He then moved Tribunal by filing an original application which was disposed of with direction to consider his appointment. Commission unsuccessfully challenged the said direction in a Writ Petition before the High Court. In appeal to this Court, appellant-Commission contended that un-amended Rule 6 was applicable and the fact that the Commission had directed issuance of fresh advertisement indicated that the Commission did not want the ranking list to be given effect to Respondent No. 1 contended that there was no material before the Tribunal or the High Court to show that the appellant-Commission had directed freezing of the ranking list. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 152 |
Petitioner | Secretary, A.p. Public Service Commission |
Respondent | B. Swapna And Ors. |
SCR | [2005] 2 S.C.R. 991 |
Judgement Date | 2005-03-16 |
Case Number | 1775 |
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