M K RAJASEKHAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS group of writ petitions is filed against the common order dated 30.9.2011 in O.A. No.5695 of 2009 and batch passed by the Andhra Pradesh Administrative Tribunal. The cases, as per the ratio in L. Chandra Kumar v Union of India (AIR 1997 SC 1125) were heard by a Division Bench of this Court and the judgment was delivered on 27.2.2012. The two learned Judges constituting the Bench delivered two separate opinions; one learned Judge upheld the impugned order of the tribunal and the other learned Judge reversed the same. The matter is therefore listed before this Court. Brief fact of the matter

(2.) THE following short fact of the matter is not in dispute. Andhra Pradesh Public Service Commission (the Commission) issued a brief notification dated 30.12.2008 inviting applications online on Commission website for 217 vacancies of Assistant Motor Vehicle Inspectors (AMVIs) in Andhra Pradesh Transport Subordinate Service governed by the Special Rules of similar title. This one being Notification No.45 of 2008 informs that the detailed notification with (i) break-up of vacancies, (ii) scale of pay, (iii) age, (iv) community, (v) educational qualifications, and (vi) other instructions. It states that the prescribed application proforma will be available on Commission 's website on 13.4.2009 and that the desirous eligible candidates may apply online before 30.04.2009. For ready reference the relevant portions in the brief notification are quoted below. Applications are invited On-line through the proforma Application available on Website from 13/04/2009 to 30/04/2009 for recruitment to the post of Assistant Motor Vehicle Inspectors in A.P. Transport Subordinate Services. ... Detailed Notification with breakup of vacancies, scale of pay, age, community, Educational Qualifications and other instructions along with prescribed Application proforma may be viewed at Website After filling the necessary details, the application form along with chalan will be generated in downloadable/printable PDF. Candidates are required to take printout of the online application along with the chalan which may be retained with the candidates for reference. Through chalan form candidates are required to pay the amount indicated in the chalan in any branch of State Bank of India across the counter. ... Detailed Notification along with proforma application will be available at Website from 13.04.2009.

(3.) AT this stage, a brief reference need to be made to the Andhra Pradesh State and Subordinate Service Rules, 1996 (the General Rules) and the Andhra Pradesh Transport Subordinate Service Rules, 1999 (the Special Rules) to which a reference is made by the counsel. The General Rules shall apply to the services under the State Government. As per Rule 1(d) thereof, if there is a conflict between the General Rules and the Special Rules, the latter shall prevail. Otherwise with regard to method of recruitment, qualification for direct recruitment, declaration of probation, fixation of seniority, promotion and other conditions of service, the General Rules govern all the Services under the State. Rule 12 of the General Rules deals with qualifications for direct recruitment. Rule 12(1)(v) is to the effect that so as to be eligible for direct recruitment, a person should not be less than 18 years and should not be more than 34 years as on 1st July of the year in which the notification for selection to the relevant post is made. Here a reference may be made to ad hoc rules issued by the Government in exercise of their powers under Article 309 of the Constitution of India vide G.O.Ms.No.79, GAD (Ser.A) Department, dated 25.11.2008. Thereunder the maximum age limit prescribed for direct recruitment was raised by five years i.e., 34 years to 39 years. This ad hoc rule shall apply notwithstanding anything contained in the General Rules or the Special Rules. Rule 12(3)(a) of the General Rules speaks of the cut-off date for the purpose of reckoning the qualification for direct recruitment, which reads as below. 12. (3)(a) Qualifications for direct recruitment