STATE OF ANDHRA PRADESH Vs. AREPALLI VEERASWAMY

JUDGEMENT

(1.) In the present Writ Petition, challenge is to the order, dtd. 9/4/2019, passed by the A.P. Administrative Tribunal, Hyderabad (hereinafter called as 'Tribunal, in O.A.No.1712 of 2018.

(2.) By way of Memorandum bearing Rc.No.296/R&T/Genl.2/2017, dtd. 28/8/2017, the State Level Police Recruitment Board, A.P., cancelled the provisional selection of the applicant/respondent herein for the post of SCT PC (Civi1) under BC- B (Genl.) Category in Vijayawada City. Questioning the said order, respondent herein filed O.A.No.2887 of 2017 before the Tribunal and the Tribunal, on 29/11/2017, allowed the said Original Application and had set aside the Memorandum referred to supra, dtd. 28/8/2017, of the State Level Police Recruitment Board. Against the said order passed by the Tribunal, the State carried the matter to the Composite High Court, by way of liling W.P. No. 10785 of 2018, and the Composite High Court, by way of an order, dtd. 3/4/2018, allowed the said Writ Petition and, while setting aside the order of the Tribunal in O.A.No.2887 of 2017, the respondent herein was given liberty to make a representation to the authorities concerned in terms of the law laid down by the Honourable Apex Court in Auatar Singh v., Union of India (dtd. 21/7/2016, in Special Leave Petition (C) No.20525/2011) with a further direction to the authorities to consider the same in the light of paragraph Nos.38.4 and 38.41 of the. said judgment and fixed eight "weeks' time for completion of the said exercise. Subsequently, the respondent-applicant submitted a representation on 24/2/2018. The State Level Police Recruitment Board, vide Memorandum in Rc.No.296/R&T/Genl.2/2017, dtd. 26/6/2018, rejected the said representation submitted by the applicant-respondent herein. Questioning the validity and the legal sustainability of the order, passed by the State Level Police Recruitment Board, dated 26.06.2O18, the applicant-respondent herein approached the Tribunal by way of filing O.A.No.1712 of 2018. The Tribunal, by way of the order impugned in the present Writ Petition, allowed the said Original Application and directed the State Level Police Recruitment Board to order for the applicant's training as Stipendiary Cadet Trainee Police Constable (Civil) within a period of two weeks from the date of receipt of copy of the order.

(3.) In the above background, the present Writ Petition has been filed by the State contending, inter olia, in the affidavit, filed in support of the Writ Petition, that the said order passed by the Tribunal is highly erroneous and cannot be sustained in the eye of law.