R. R. KULASEKHARAN versus A.P.P.S. COMMISSION AND ORS

Citation: [1994] SUPP. 6 S.C.R. 88 · Decided: 24-11-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Dismissed

Judgment (excerpt)

A 
R.R. KULASEKHARAN 
v. 
A.P.P.S. COMMISSION AND ORS 
NOVEMBER 24, 1994 
B 
[K. RAMASWAMY AND N. VENKA TACHALA, JJ.] 
Service Law: 
Appointment-Reservation-Non-<ivailabi/ity of local 
candidates 
belonging to particular reserved grou~Option to be given to persons 
C 
belonging to that particular group from other zones. 
On the question of the procedure to be adopted in the matter and 
appointment of particular reserved group when such local candidates 
are not available, this Court 
D 
HELD: With a view to give effect to the object of reservation and 
filling of the posts from the candidates belonging to the particular 
group, it would be necessary in future to evolve the principle i.e. in case 
a local candidate belonging to the particular reserved group is not 
available, the Government and the PSC should give option to the 
candidates belonging to that particular group from other Zones to 
E 
claim consideration of their cases as non-local candidates and in that 
event the person/persons securing higher marks could be considered in 
the order of merit and appointments be made. This principle, if 
adopted, will give effect to the object of giving adequate representation 
in the service to the particular group in the proportion contained in the 
roaster. Equally in case of Scheduled Caste and Scheduled Tribe 
F 
candidates, even after resorting to limited reeruitment, if local 
candidates are not available, the above procedure could be adopted, so 
that, adequate representation to them also could be given. (89 E to H] 
G 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 9250-51 of 
1994. 
From the Judgment and Order dated 3.5.93 of the Andhra Pradesh 
Administrative Tribunal at Hyderabad in 0.A. Nos. 47322/91 and 5668 of 
1992. 
K. Madhava Reddy, D. Prakash Reddy, Mrs. Rani Chhabra (N.P.) for 
H 
the Appellant. 
88 
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R.R. KULASEKHARAN v. A.P.P.S. COMMISSION 
89 
V.R. Reddy, Additional Solicitor General, T.V.S.N. Chari, Nikhil A 
Nayyar and G. Prabhakar for the Respondents. 
The following Order of the Court was delivered: 
Leave granted. 
We have heard the counsel on both sides. 
Pursuant to our direction dated 21.4.1994, the Secretary, Public Service 
Commission and also the Chief Conservator of Forests, Govt. of A.P. have 
stated in their affidavits that in Zone-V only two vacancies were available 
B 
for BC-A category out of roaster points from 52 to 78. Admittedly, the 
candidates who were appointed have secured higher marks than the C 
petitioner. It is also stated by the Secretary, Public Service Commission that 
among BC-A category there are candidates who had secured more marks 
than the petitioner. Therefore, direction cannot be given to consider his case 
in any event for Zone-V. 
Shri Madhava Reddy, ·the learned senior counsel seeks to contend that D 
in Zone-IV instead of allotting the post reserved for BC-A from other zones 
as non-locals, candidates belonging to BC-B were selected and were 
appointed. The option should have been given to the other BC-A candidates 
for selection as non-locals to any other zones to which required group from 
the local candidates were not available instead of selecting the candidates E 
from other groups· of local candidates. Though we find force in the 
contention, since the candidates selected for Zone-IV from BC-B were 
appoiriied and they have been functioning, we cannot accede to it. 
However, we are of the opinion that with a view to give effect to the object 
of reservation and filling of the posts from the candidates belonging to the 
particular group, it would be necessary in future to evolve the above F 
principle i.e. in case a local candidate belonging to the particular reserved 
group is not available, the Government and the PSC should give option to 
the candidates belonging to that particular group from other Zones to claim 
consideration of their cases as non-local candidates and in that event the 
person/persons securing higher marks could be considered in the order of 
merit and appointments be made. This principle, if adopted, will give effect G 
to the object of giving adequate representation in the service to the 
particular group in the proportion contained the roaster. Equally in case of 
Scheduled Caste and Scheduled Tribe candidates, even after resorting to 
limited recruitment, if local candidates are not available, the above 
procedure could be adopted, so that, adequate representation to them also H 
could be given. 
A 
90 
SUPREME COURT REPOR

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