UNION PUBLIC SERVICE COMMISSION Vs. P. HARIKUMAR

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) In these appeals the question relating to the propriety of selection/promotion of the officers of the Andhra Pradesh State Police Service to the Indian Police Service against ten vacancies pertaining to the year 2002, has been raised. Respondent 1 Shri P. Harikumar and Respondent 2 Shri M. Kantha Rao filed the OAs in the Central Administrative Tribunal, Hyderabad Bench questioning their non-selection. It was the contention of the said respondents that in spite of their gradation as "Outstanding" in the ACRs relating to the five preceding years, the Selection Committee headed by the member of the Union Public Service Commission, "downgraded" the assessment and graded them as "Very Good" instead of "Outstanding" for the year 2000 which had resulted in their non-selection and that there was no basis for such downgradation or revision of assessment. This contention found its acceptance with the Central Administrative Tribunal. The Tribunal by its order dated 21.02.2003, while allowing the applications, held that the decision taken by the Selection Committee was arbitrary and that the "downgradation" was not based on tangible material. The respondent authorities were, therefore, directed to reconsider the cases of applicants by conducting a fresh selection for appointment by promotion of the State police officers to IPS for the year 2002. This order of the Tribunal was challenged by the Union Public Service Commission in the High Court of Andhra Pradesh by means of a writ petition filed under Art. 226 of the Constitution of India.