PEDDA KRISHNA RAO & OTHERS Vs. THE DISTRICT COLLECTOR AND CHAIRMAN SELECTION COMMITTEE, Z.P., SRIKAKULAM & ANOTHER

JUDGEMENT

(1.) This case brings to fore a difficult but important question relating to implementation of the rule of reservation and the order of rotation (roster). The question is one of general importance. It arises in the following circumstances:

(2.) The Zilla Parishad, Srikakulam, intimated the Employment Exchange, Srikakulam, to send candidates for selection to the Posts of Higher-Grade Teachers. As many as 304 vacancies were notified. Since the rule of reservation applied in the matter of appointment to these posts the 304 posts were allocated among the various categories, as follows:- <FRM>JUDGEMENT_45_LAWS(APH)4_1984.htm</FRM>

(3.) The Employment Exchange, accordingly Sponsored the candidates. The District Selection Committee of the Zilla Parishad held a written test on 13-3-1983 and 15-5-1983 and, after holding an interview, selected 248 candidates in all. Of these 248 candidates 168 were selected in the Open-Competition category, 21 in backward-Classes 'A', 31 in backward-classes 'B', 4 in backward-classes 'C', and 22 in backward-classes 'D' reserved categories. From among the scheduled-castes and scheduled-tribes, only one candidate each was selected, since sufficient number of candidates from these categories were not forthcoming. The three writ-petitioners belong to backward-classes (Group 'A'), but, because of their merit, they got selected in the open-competition (OC) category. In the OC category they are placed at Serial Nos. 138, 140 and 160 respectively. The District Selection Committee, which is chaired by the Collector, communicated the select list to the appointing authorities, viz., the District Educational Officer and District Development Officer, Zilla Parishad, and these authorities, in turn, issued the orders of appointment applying, the rule of rotation prescribed in clause (iv) of Rule 2-A of the "Rules relating to constitution of Selection Committee for the Posts included in the District Cadre" (G.O.Ms. No. 1292, Planning and Local Administration (Samithi-IV) dated 28th Dec., 1959, as amended from time to time),