P MURALIDHAR Vs. ANDHRA PRADESH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The Recruitment Notification (Advertisement No. 10 of 1999) issued by the Andhra Pradesh Public Service Commission to Group-II Services is yet to attain the finality, even though legal battle by the unemployed continued to be unabated for over a quinquenial period. Though the procedural deficiencies and legal tangles were cleared by this Court on the earlier occasion, yet, spate of cases continued to flow from the 2nd round of litigation. This is an apt example as to how the recruitment to various categories of posts is being delayed for years together.

(2.) These batch of Writ Petitions arise outof the common Order passed by the Andhra Pradesh Administrative Tribunal (for brevity the 'Tribunal") in O.A.No. 3840 of 2004 and Batch, dated 15-10-2004.

(3.) Following brief recitals are necessaryto appreciate the matter in a proper perspective: Andhra Pradesh Public Service Commission (for short "A.P.P.S.C.") issued notification on 28-12-1999 vide Advertisement No. 10 of 1999 calling for the applications for the recruitment to 27 categories of posts in various departments consisting of executive and non-executive posts. Out of 27 categories, 10 fall in executive posts and 17 in non-executive posts. While written test and viva voce are the requirement for selection to the executive posts, only written test is the criteria for non-executive posts. In the notification, number of vacancies in each category were not notified, but only in respect of three categories, the number of vacancies were notified viz. 15 posts of Asst. Municipal Commissioner, Grade-Ill, 8 posts of Asst. Commercial Taxes, 6 posts of Asst. Labour Officer. In respect of other executive cadre posts, the number of vacancies left blank awaiting clearance from the Government, while non-executive cadre only 111 posts were notified in the category of Asst. Section Officers. In respect of other non-executive cadre, number of vacancies were stated as awaited. Notification further stated that the vacancies which arose up to 31-8-2000 were to be filled up. However, during the course of time, the vacancies notified in respect of Asst. Section Officers were withdrawn by the Government in their letter.dated 7-8-2000 and hence the selections were only confined to three categories of executive posts. The A.P.P.S.C. held the written test and held viva voce and published the list. Accordingly appointment Orders were issued to the selected candidates in the year 2001 in respect of the three categories of executive posts referred to above. However, aggrieved by the action of the authorities in withdrawing the Asst. Section Officer posts challenge was made before the Tribunal in O.A. No. 7443 of 2004. The Tribunal by an Order dated 21 -12-2002 directed the A.P.P.S.C. to make selection of the candidates to 141 Asst. Section Officers posts for consequential appointment by the Government. In pursuance of the said directions, the candidates, who were in order of merit in the written test were selected and they were appointed in 2002. Up to this stage we describe as first round selection. However, aggrieved by the Order of the tribunal, in so far as it relates to non-filling up of posts under remaining executive categories, Writ Petitions were filed in W.P.No. 2868 of 2002 and 2904 of 2002. This Court by an Order dated 8-7-2003 disposed of the Writ Petitions with the following directions: "(a) The Government shall assess the vacancy position in respect of the posts covered by Notification No. 10/1999 as on 30-8-2002 and fill up the same by candidates who were selected by A.P.P.S.C. duly observing the rule of reservation. (b) The personnel who are to be deployed and adjusted from Surplus Man Power Cell have already been reflected in the Annexure and the total vacancy position was arrived at after giving credit to the number of persons deployed in the direct recruitment quota, however, if there is any surplus man power still unadjusted as on 30-8-2000, the Government shall work out the same and deploy those personnel and the appointment shall be made to the remaining vacancies. (c) The persons who were promoted and posted on temporary basis or ad hoc basis in the vacancies earmarked for direct recruitment shall be reverted back to their original posts. (d) The Government shall strictly observe the rule relating to the ratio to be maintained between the direct recruits and the promotees in accordance with the quota prescribed in the relevant Service Rules and neither excess intake shall be allowed to be crept in or the deficiency is allowed to persist except in exceptional or unavoidable circumstances. (e) The entire exercise shall be done within a period of six months from the date of receipt of a copy of this Order." In pursuance of the directions of this Court, the authorities assessed 973 vacancies in executive category and 193 vacancies in non-executive category. By this process, this became imperative for the A.P.P.S.C. to interview some more candidates in view of the additional recruitment to the posts as referred to above. However, A.P.P.S.C. entertained a doubt with regard to the preparation of the merit list as to whether one merit list has to be prepared. However, this Court while stating that no clarification was necessary, observed that only one merit list is required to be prepared in respect of the notification No. 10 of 1999. Against the said clarificatory Order, the matter was again carried before the Supreme Court in S.L.P.No. 7772 of 2004 and the Supreme Court deleted the said portion.