ANDHRA PRADESH PUBLIC SERVICE versus KOTA LINGESWARA RAO & ORS.

Citation: [2019] 15 S.C.R. 79 · Decided: 11-12-2019 · Supreme Court of India · Bench: MOHAN M. SHANTANAGOUDAR, K.M. JOSEPH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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ANDHRA PRADESH PUBLIC SERVICE COMMISSION
v.
KOTA LINGESWARA RAO & ORS.
(Civil Appeal  No(s). 9338 of 2019)
DECEMBER 11, 2019
[MOHAN M. SHANTANAGOUDAR AND
K.M. JOSEPH, JJ.]
Andhra Pradesh Public Service Commission Rules:
r.6 (amended) and r.7 – Claim for appointment – On the post
which fell vacant due to relinquishment of the same by the last
selected candidate – By the candidate next in the select merit list –
By filing  application before Administrative Tribunal – The Tribunal
dismissed the application on the ground of delay and laches – High
Court set aside the order of Tribunal directing appointment of the
candidate – Appeal to Supreme Court – Held: The amended r.6 has
done away with the system of rank list remaining in force for a
period of one year and mandates notification of such fallout
vacancies in the next recruitment – Rule 7 also makes it clear that
selection for the relinquished vacancy has to be as per the existing
Rules – Thus, the respondent-candidate has no right to claim
selection as per the Rules – Appeal allowed.
CIVIL APPELLATE JURISDICTION: Civil Appeal No.9338 of
2019.
From the impugned final Judgment and Order dated 12.07.2018
of the High Court of Judicature at Hyderabad for the State of Telangana
and the State of Andhra Pradesh in W.P. No.3695/2018.
R. Basant, Sr. Adv., Ms. M.V. Rama, Mrs. Anjani Aiyagari, Advs.
for the Appellant.
J. Sudheer, Sumanth Nookala, G. N. Reddy, T. Vijya Bhaskar
Reddy, Ms. Sujatta Bagadhi, Advs. for the Respondents.
 [2019] 15 S.C.R. 79
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
The following Order of the Court was passed:
O R D E R
1. Leave granted.
2. The interpretation of Rule 6 (amended) and Rule 7 of Andhra
Pradesh Public Service Commission Rules of Procedure (“the APPSC
Rules”) is in question in this appeal.
3. The brief facts leading to this appeal are that a written test and
oral test were conducted for selection to the post of Junior Lecturer in
Mathematics, and results were published by the appellant herein, the
Andhra Pradesh Public Service Commission (“the Commission”) on
03.12.2011. Respondent No.1, who belongs to the Open Category
(“OC”), secured 380.50 marks, whereas one Mr. G.V. Ramakrishna
Sagar (the last selected candidate in the OC in Zone-III) secured 393.00
marks. Consequently, Mr. G.V. Ramakrishna Sagar was declared
selected. The selection was finalized and the same was sent to the Unit
Officers on 04.09.2012. However, Mr. G.V. Ramakrishna Sagar chose
not to join the post. Respondent No. 1 herein, after waiting for four
years, filed Original Application No. 3142 of 2016 before the A.P.
Administrative Tribunal on 02.08.2016, claiming appointment in the
vacancy created due to non-joining of Mr. G.V. Ramakrishna Sagar,
since he was the candidate with the next highest marks in the select
merit list. The said Original Application No. 3142 of 2016 was dismissed
on the ground of delay and laches. Being aggrieved by the same,
Respondent No. 1 carried the matter before the High Court by filing
Writ Petition (C) No. 3695 of 2018. The High Court vide the impugned
judgment found that the vacancy for the post of Junior Lecturer in
Mathematics had not been filled up since the last OC candidate did not
join duty, and allowed the writ petition filed by Respondent No. 1, directing
the Commission to appoint Respondent No.1 to the said post.
4. Heard Mr. R. Basant, learned senior counsel appearing on behalf
of the appellant/Commission and Mr. J. Sudheer, learned counsel
appearing on behalf of Respondent No. 1. Learned counsel for both the
parties have taken us through the material on record and the concerned
rules.
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5. It is relevant to note that Rule 6 of the APPSC Rules was
amended on 22.02.1997 and a notification was issued for selection to
the post of Junior Lecturer in Mathematics on 26.11.2008. Before
proceeding further, it is relevant to note the unamended and amended
Rule 6 as well as Rule 7 of the APPSC Rules:
“Rule-6 (Prior to amendment)- The ranking list prepared by the
Commission for selection in a direct recruitment shall remain in
force for a period of one year from the date of which the selection
list is published on the Notice Board of the Commissioner or till
the publication of the new selection list whichever is earlier. The
Commission may select candidates from the ranking list in force
in place of those who relinquish the selection or who do not join
duty within the time given and also new
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