S.M. RAJESHWAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is working as Deputy Commissioner of Prohibition & Excise at Kadapa. His name was empanelled for consideration for appointment to the Indian Administrative Service of AP cadre from amongst Non-State Civil Service Officers against the one vacancy determined for the year 2009 and was recommended by the State Government by proceedings dated 16.12.2009. However the Selection Committee did not meet and by proceedings dated 12.01.2010 the Union Public Service Commission declared in exercise of the powers conferred by proviso (c) to Regulation 5 of Indian Administrative Service (Appointment by Selection) Regulations, 1997 that it was not practicable to hold the meeting of the Selection Committee for the year 2009 for selection of Non-State Service Officers.

(2.) Aggrieved by the same, the petitioner filed O.A.No.226 of 2010 in the Central Administrative Tribunal, Hyderabad Bench with a prayer to declare the proviso (c) to Regulation 5 of Indian Administrative Service (Appointment by Selection) Regulations, 1997 as arbitrary, illegal, discriminatory and unconstitutional and consequently to direct the respondents to prepare the select list of Non-State Civil Service Officers for appointment to Indian Administrative Service of AP cadre separately for the vacancy available as on 1.1.2009 in accordance with the State Government's proposals dated 16.12.2009. The petitioner also prayed to quash the decision of the Union Public Service Commission, dated 12.01.2010, and to hold that he is entitled to be considered for appointment to Indian Administrative Service proposed to be filled up in the year 2010 without reference to his age. The said O.A. was dismissed by the Tribunal below by order dated 19.10.2010.

(3.) Hence the present writ petition seeking a Certiorari to call for the record relating to the order of the Tribunal dated 19.10.2010 in O.A.No.226 of 2010 and to quash the same apart from granting the reliefs sought before the Tribunal in O.A.No.226 of 2010.