PITTA NAVEEN KUMAR AND ORS. versus RAJA NARASAIAH ZANGITI AND ORS.

Citation: [2006] SUPP. 6 S.C.R. 230 · Decided: 14-09-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
B 
c 
PITIA NA VEEN KUMAR AND ORS. 
v. 
RAJA NARASAIAH ZANUITI AND 0 lS. 
SEPTEMBER 14. 2006 
!S.B. SINHA AND DAL VEER BHANDARI, JJ.) 
Service law: 
Selectiun- A"otificatiun fur recruitment issued- -Preliminary examination 
cundut!ed pursuant tu notijicatiun-l'v'utiftcatiun issued by State relaxing 
age bar- -Cummissioner issuing supplemental nutijirntiun fur filling up 
additional vacancies -Nutificatiun issued by State 11/uwing candidates 
fi1/jilling educutiunal and age qualijicution as per mhanced age limits 
eligible for recruitment-Nutificatiuns challenged-
-H~ld. candidates does 
D nut have any right to he appointed hut has only a rig,'11 to he considered -
/'vo Change in q11r.1lijic·atiun made by amendi:d nutifirntions to disadvantage 
of candidates -Right of candidates to be considered along with other 
candidates nut taken away --Unly area of wnsideration has been increased-
State having power tu make nutijications with retrospective ejJixt- Purporl 
and object fur which notifications issued cannot f-·e said tu be wholly 
E arbitrary- Jn the facts of the case, the twu notifications are valid-
Constitution of India, 1950--Articles 1-1. 16 and 30~. 
F 
Selection- .lndhra Pradesh Public Service Commission issuing 
notification uf vacancies--Recruitment was tu processed as per notification 
and instructions issued by the State -Recruitment ,?rocess providing for 
holding of preliminary examination, main written examination and interview--
Government notification providing that number uf candidates to be admitted 
to main examination was to he 50 times the total number uf vacancies 
ai-ailahle-- Preliminwy examinations conducted .( ·ummissiun .ftxing 66% us 
the cut--uff marks fur appearing in main exam.'n1.1tiun- -[;nsuccessfu/ 
G candidates approaching Tribunal-Tribunal by inter'm order reducing cut-
off marks fiwn 66% tu 61%- Notification issued by Government reducing 
cut-uff marks fi·um 66% tu 61% - Nutifie!liun challen;!,ed-
Main exwuinatinn 
conducted- Application by 1111sw.:cessfi1I candidates dismissed hy Tribunal 
and interim order stood vacated--Held 66% was arriv:d at by the Commission 
H 
230 
PITT A NA VEEN KUMAR v. RAJA NARASAIAH ZANGITJ 
231 
by applying the ratio of 1:50 and the said Rule could not have been relaxed- A 
Cut-off mark specified by the State is arbitrlll}' and does not have any 
rational basis-Government Order was passed without independent 
applicatic.·, nfmind-ln the.facts, Government Order struck down with direction 
to undertake selection process aji-esh without considering candidates who 
have not passed the written examination-Constitution of India-Article 14. B 
.State of Andhra Pradesh notified 301 vacancies by notification bearing 
No. 21 of2003 dated 21.11.2003. Andhra Pradesh Public Commission issued 
a notification on or about 21.11.2003 for filling up the said notified vacancies. 
The recruitment process infer alia provided that applicants were to be 
subjected to a Screening Test (Objective Type) for admission in the Main C 
(Written) Exam and candidates who obtained the minimum qualifying marks 
in the written examination were to be called for interview in the ratio 1 :2 
with reference to the number of vacancies; and that recruitment was to be 
processed as per notification and GOMs No. S70 dated 31.12.1997 which 
provided that 11~mber of candidates to be admitted to written examination was 
to be SO times the total number of vacancies available at the material time. D 
Preliminary Examination was conducted by the Commission on 28.3.2004. 
Notification being GOMs No. 164 was issued on 6.7.2004 fixing 1.7.1999, 
instead of 1.7.2003 as originally stipulated, as the relevant date for fixing the 
upper age limit for candidates eligible to appear at the examination. The 
Commission thereafter issued a supplemental notification beiug No. 6 of 2004 E 
on 7.8.2004 inviting applications for filling up of 170 additional vacancies. 
Second preliminary test thereafter was held on 10.10.2004 for about 51,768 
candidates who had applied in response to the said supplemental notification. 
The Commission released a list of 28,86S candidates with reference to 524 
notified vacancies as on 7.8.2004 stating that marks obtained by the last 
candidate admitted into the main examination was 66% upon taking into F 
account results of both the preliminary tests. 
Some unsuccessful randidates not admitted into the main examination 
filed an original application before the Tribunal prayin
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