GANGADHAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Alladi Kuppuswami, C.J.-These appeals are directed against the judgment of Jeevan Reddy, J. in W. P. No. 2041 of 1981. In that writ petition it was prayed that G. O. Ms. No. 504, General Administration (Official Language-II) Department dated 26th June, 1976, may be declared as unconstitutional, illegal and void and consequential reliefs may be granted to the petitioners.

(2.) The Government Order referred to above was passed in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with section 8 (1) of the Andhra Pradesh Official Languge Act, 1966 (Andhra Pradesh Act IX of 1966). The Government Order is in the following terms : "Notwithstanding anything in the Andhra Pradesh State and Subordinate Services Rules or the Special Rules, candidates seeking appointment of the posts in the services specified in the Table below who have obtained the basic educational qualifications prescribed for direct recruitment in the Special Rules governing such posts through the Telugu medium, shall be given weightage in the matter of selection to such posts by awarding them 5 per cent of the total aggregate maimum marks of the relevant competitive examination held by the Andhra Pradesh Public Service Commission for recruitment to such posts".

(3.) The table consists of a list of Group I (services)00 and Group IV (services). In the preamble it is stated that Telugu had been made the official language of the State under the Andhra Pradesh Official Language Act, 1966 and the policy of the Government was to progressively introduce Telugu for the Official purposes of the State. In accordance with that policy, candidates who appeared for the competitive examination conducted by the Andhra Pradesh Public Service Commission for recruitment to posts in Group III services, were permitted to answer all the papers, except the paper on English composition, in Telugu. This concession was extended in 1972 to posts coming under Group I and Group II Services. In order to effectuate the avowed policy to introduce Telugu as official language progressively in the coming years and so as to give preference to candidates who have obtained basic educational qualifications through the medium of Telugu, the Government in consultation with the Andhra Pradesh Public Service Commission decided that such candidates should be given weightage of 5 per cent of the aggregate maximum marks of the competitive examination held for recruitment to posts coming under Group II and Group IV services, excluding recruitment to posts in Secretariat, Heads of Departments and Andhra Pradesh Judicial Ministerial Service. Accordingly, the above Government Order was passed.