GOVERNMENT OF ANDHRA PRADESH & ANR. versus P. RAVINDER & ORS.

Citation: [1991] 3 S.C.R. 564 · Decided: 13-08-1991 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
GOVERNMENT OF ANDHRA PRADESH & ANR. 
v. 
P. RA VINDER & ORS. 
AUGUST 13, 1991 
B 
[RANGANATH MISRA, CJ AND KULDIP SINGH,JJ.) 
c 
D 
E 
F 
Andhra Pradesh State and Subordinate Service Rules. 
Andhra Pradesh Government's Order dated 18.11.81-Appoint-
ment to Non-Gazetted posts of all services-Weightage of 5% marks to 
candidates who have obtained basic educational qual(fications through 
Telugu Medium-Applicability of order confined to selection carried 
through State Public Service Commission-Whether arbitrary-Benefit 
of order whether applicable to selection made through bodies other than 
the State Public Service Commission. 
The Government of Andhra Pradesh· issued an order dated 
18.11.81 which provided thal in respect of appointments to Non-
Gazetted posts of all services, candidates who have obtained their basic 
educational qualification through the medium of Telugu shall be given 
weightage of 5% marks. But the benefit of the order was confined to 
selection made through the State Public Service Commission. The State 
Administrative Tribunal held that the order applies to all selections 
irrespective of the body that makes selection in the State and extended 
the benefit of the order to the selection of the Suh-Inspectors of Police 
made through the State level Recruitment Board. Against the order of 
the Tribunal, the State of Andhra Pradesh filed an appeal to this Court. 
Allowing the appeal, this Court, 
HELD: I. The Tribunal exceeded its jurisdiction in lifting the 
restriction imposed by the Government in the matter of benefit of 5% 
marks. The order of the Tribunal is vacated. [567D-E) 
G 
2. The State Government is the authority to take a policy deci-
sion. Whether the decision is tenable or not in law, is not to be decided 
by the Court. Since Government in their wisdom have specifically con-
fined the application of the Notification to recruitment through the 
State Pnblic Service Commission, the decision of the Tribunal that it 
was also available to be extended to selection through bodies other than 
H the State Public Service Commission, cannot be appreciated. (566H, 567 A) 
564 
GOVT. OF A.P. v. P. RA VIND ER 
565 
3. When the Notification is specific and is intended to apply to a 
A 
specified group of cases for selection, it would not be open to the Tri· 
bunal to extend its application beyond what has been clearly specified. 
It is one matter to say that the Notification applied in a limited way may 
be hit by law; it is another to say that contrary to the restriction 
imposed, the Tribunal would allow the Notification to have general 
application. [S67C] 
B 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
1694-1709 of 1991. 
From the Judgment and Order dated 23.1.1990 of the A.P. 
Administrative Tribunal, Andhra Pradesh in R.P. Nos. 13986/89, 
C 
24045-50/89, 25091/89, 1027 & 2111/89, 28925-26/89, 28929 to 31/89 
and 0.A. No. 1918 of 1990. 
K. Madhava Reddy and G. Prabhakar for the Appellants. 
M.K. Ramamurthi, S. Markandeya and Ms. C. Markandeya for D 
the Respondents. 
The following Order of the Court was delivered: 
This is an appeal by the State Government of Andhra Pradesh by 
special leave. Challenge is to the order of the State Administrative E 
Tribunal .directing the benefit of the Government Order of 18. 11. 1981 
to be extended to selection of the Sub Inspectors of Police which is 
done through the State level Recruitment Board. The Government 
Order which has been extracted in the Order of the Tribunal reads 
thus: 
"Notwithstanding anything in the Andhra Pradesh State 
and Subordinate Service Rules or the Special Rules, candi· 
dates seeking appointment of all the non-gazetted posts of 
all services, and seeking eligibility in general educational 
F 
test who have obtained the basic educational qualifications 
prescribed for direct recruitment eligibility for promotion G 
in the special rules governing such posts, through Telugu 
medium, shall be given weightage in the matter of selection 
to such posts by awarding them 5% of the total aggregate 
maximum marks of the relevant competitive examination 
held by the Andhra Pradesh Public Service Commission for 
recruitment acquiring eligibility to such posts. 
H 
A 
B 
c 
D 
566 
SUPREME COURT REPORTS 
[ 1991] 3 S.C.R. 
"Having regard to the avowed policy of the Government to 
introduce Telugu progressively in the State in the coming 
years and as Telugu has been introduced as official 
language at Directorage level and also in th
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