A.P. PUBLIC SERVICE COMMISSION versus K. SUDHARSHAN REDDY AND ORS.

Citation: [2006] SUPP. 3 S.C.R. 188 · Decided: 04-07-2006 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
A.P. PUBLIC SERVICE COMMISSION 
v. 
K. SVDHARSHAN REDDY AND ORS. 
JULY 4, 2006 
B 
[DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.] 
Service Law: 
Government Orders-Granting 5% weightage marks to Telugu medium 
C students-Appointments made on the strength of weightage-Challenge to-
Supreme Court holding the Government Orders violative of Articles 14 and 
16(1) of the Constitution-However appointment of the candidates not 
disturbed-Seniority granted to the candidates taking into account 5% 
weightage marks-Grant of seniority challenged-State Administrative Tribunal 
D as well as High Court held that the advantage of the weightage marks did not 
extend far the purpose of determining seniority as the same was on~y for 
appointment-On appeal, held: Supreme Court by its order had intended to 
protect not only the appointment, but also the service conditions of such 
candidates, which included their right to seniority-Constitution of India, 
1950-Articles 14 and 16(1). 
E 
By Government Orders of 1976 and 1981 5% weightage marks were 
awarded to the Telugu medium students. The challenge for the same when 
reached in appeals to this Court, it was held that the said Government 
Orders were violative of Articles 14 and 16(1) of the Constitution. 
F However, it held that those Telugu medium, graduates, who had already 
been appointed on the strength of the weightage and were working on their 
concerned p()sts should not be disturbed and their appointments were not 
to be disturbed by the present judgment. It also gave age relaxation to 
those Telugu medium candidates, for competing for such post in future 
on one occasion, who were sele1~ted, but could not be appointed on account 
G of pendency of the procet:dings. 
H 
Thereafter respondent No. I in the present appeals filed applications 
before State Administrative Tribunal on the ground that giving advantage 
of the weightage marks for the purpose of seniority was contrary to law, 
188 
A.P. PUBLIC SERVICE COMMISSION r. K. SUDHARSHAN REDDY 
189 
as the judgment of this court had given protection to the Telugu medium A 
students only to the extent of their appointment and not for giving 
seniority. Tribunal allowed the applications holding that the protection 
did not extend to the counting of such weightage for the purpose of 
determining seniority. High Court, in Writ Petition upheld the order of 
the Tribunal. Hence the present appeals. 
Allowing the appeals, the Court 
B 
HELD: The Court intended to protect not only the appointment of 
such candidates but also all their service conditions, which included their 
right to seniority as had accrued to them at the time of their initial C 
appointment. The said intention of this Court was quite clear from the 
language used. If this Court had intended that the weightage given to the 
concerned candidates was not to count towards their position in the merit 
list, it would have said so explicitly. On the other hand, while mentioning 
the fact of their appointment on the strength of such weightage this Court 
went on to say that such candidates would not be adversely affected by D 
the judgment. The decision rendered in the judgment would not adversely 
affect their existing service conditions. [ 195-8-DJ 
Prabodh Verma and Ors. v. State of Uttar Pradesh and Ors., [1984] 4 
SCC 251; Arun Tewari and Ors. v. Zita Mansavi Shikshak Sangh and Ors., 
[1998] 2 SCC 332 and Ajit Singh and Ors. (I!) v. State of Punjab and Ors., E 
[1999] 7 sec 209, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4202 of2003. 
From the Judgment and Order dated 14.8.2001 of the High Court of 
Andhra Pradesh at Hyderabad in W.P. No, 16321/2001. 
F 
WITH 
C.A. No. 4202/2003. 
Ranjit Kumar, Vijay Kumar, P. Radha Rani, D. Verma and D. Mahesh G 
Babu for the Appellant. 
M.N. Rao and T.N. Rao for Respondent No.I Manoj Saxena, D. Bharathi 
Reddy, T.V. George and Rahul Shukla for State of A.P. 
The Judgment of the Court was delivered by 
H 
190 
SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R. 
A 
AL TAMAS KABIR, J. Pursuant to an advertisement No. 2183 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 
B candidates who had obtained their basic qualifications through Telugu medium. 
The same was challenged be

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