I J DIVAKAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Second respondent, Andhra Pradesh Public Service Commission (Commission, for short), invited applications for the posts of Junior Engineer in Andhra Pradesh Engineering Service and other allied services in the year 1977. In response to the Advertisement about 4,000 applications were received. All eligible candidates were asked to appear at a viva voce test between Nov., 1978 and March, 1979. After the conclusion of the viva voce test the Commission was in the process of finalising the select list. On Sept. 14, 1979, the 1st respondent, Government of Andhra Pradesh issued G. O. Nos. 646 and 647, By the first mentioned G. O. No. 646 issued in exercise of the power conferred by the proviso to sub-cl. (3) of Art 320 of the Constitution, the Government excluded from the purview of the Commission all appointments made by direct recruitment to any posts in any category at all levels in the State and Subordinate Services and which were continuing temporarily on Aug. 9, 1979, regarding any of the matters mentioned in clause (3) of Art. 320 of the Constitution of India. There is a proviso to this para which is not material. By another G. O. No. 647 of the even date, the 1st respondent regularised the services of all temporary Government servants who were appointed by direct recruitment to any category of posts and were continuing in service as on Aug. 9, 1979 without subjecting, them to any test, written or oral. There are certain conditions which must be satisfied by the temporary employees covered by the G. O. before their service can be regularised.

(2.) Appellants were candidates who had applied for the post of Junior Engineer in response to the advertisement issued by the 2nd respondent. They with several others filed a Representation Petition No. 1636 of 1979 in the Andhra Pradesh Administrative Tribunal at Hyderabad seeking a direction calling upon the 2nd respondent to finalise the select list of candidates from amongst the candidates who had applied for the post of Junior Engineer and who had appeared at the viva voce test and for a further direction to the 1st respondent to make the appointments of those finding their place in the select list from amongst the appellants. In order to achieve this result the appellant questioned the validity and legality of the two G. Os. Nos. 646 and 647, the first withdrawing the posts from, the purview of the Commission and the second regularising the services of temporary Government servants in accordance with G. O. 646. The Administrative Tribunal by its decision rendered on Sept. 11, 1981, substantially rejected the contentions and dismissed the representation petition making a recommendation that in the event there are vacancies and the select list is finalised and if any of the appellants finds his place within the zone of selection he may be appointed or may be permitted to appear at an examination relaxing the age bar, it any, he or she has suffered. Hence this appeal by special leave.

(3.) Mr. J. Ramamurthi, learned counsel who appeared for the appellants raised the same two contentions before us. It was urged that the Government had no power to withdraw the posts already within the purview of the Commission on the date of the advertisement and secondly that the Government has no power to regularise the services contrary to the relevant statutory rules.