ESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The two writ petitions are filed by 33 candidates, who appeared for an examination on February 23, 1984 held by the A. P. Public Service Commission (Service Commission'). In that examination about half-a-million candidates appeared for written tests for recruitment to Group-IV Services. Even before other tests were completed, the State Government amended Andhra Pradesh Public Service Commission Regulations, 1963 (Regulations). The Service Commission was divested of power of recruitment in one of the three impugned orders of the Government. The State Government in the order G.O. 259 on 4th June, 1985 withdrew powers of the Service Commission (by amending the Regulations). That order is published in the Gazette on June 20, 1985. On June 5, 1985 by two other orders, G.Os. 260 and 261, District Selection Committees are formed to recruit to Group-IV Services. The Committees are entrusted power to recruit Group-IV employees. Soon thereafter in August, the two writ petitions are filed to quash the three orders of the Government. While the cases were being heard, he A.P. Public Service Commission Employees union got impleaded in the cases. The Union apprehends large scale retrenchment of employees in the office of Commission; therefore they joined the candidates to support the prayer in the two petitions.

(2.) Before the issues raised in the cases are set out, a word about what constitutes Group IV Services may be mentioned. In the State, Civil Service is divided in numerous categories. One category is known Last Grade Service. In that are included Stewards, Asst. Stewards Linon Keepers and Laundry Supervisors. These four categories and the following five categories-(1) Junior Assistants, Juniof Auditors, Junior/L.D. Accountants; (2) Typists and Junior Stenographers of L. D: Cadre ; (3) Security Clerks, (4) Librarians; Asst. Librarians and (5) Cash Keepers together are compendiously referred as "Group-IV Services". Before the impugned orders of the State Government were passed (till May, 1985), the Service Commission recruited to Group-IV Services under various statutory orders. One among them is the Presidential Order of 1975, promulgated under Article 371-D of the Constitution. The order prescribes a minimum of 80% of vacancies in a district (of Group-IV) are reserved to "local candidates". The balance of 20% are to be appointed from persons in that non-locals are eligible for appointment. The recruitment in Heads of Departments, in the Secretariat, and in districts of candidates in service and students in educational institutions in the State was the subject of debate and discussion for over two decades. There were political agitations which gave birth to "Six Point Formula". The principles in Formula were incorporated under Article 371-D) (by amending) of the Constitution. Presidential Order of 1975 was passed exercising power under Article 371-D. Who is a local candidate, what is a local area, are defined in the order to regulate recruitment in services and admissions in educational institutions of the State.

(3.) Earlier in 1960 Administrative Reforms Committee suggested Group-IV Services be decentralised. The suggestion was accepted by the State Government on April 3, 1969 in G.O. 179. Before the order in G.O. 179. Service Commission was recruiting to Group-IV Services. As a sequel to the Presidential Order, recruitment was entrusted to District Unit Committees. The Units in the Districts recruited candidates, settled seniority, promotions and transfers of the personnel. This methodology lasted till the Presidential Order in 1975 was promulgated. Thereafter, recruitment (as before in 1969) was entrusted over again to Service Commission. The Govt., in the impugned three orders, G.Os. 259, 260 and 261, now again divested Service Commission of powers of recruitment. The power again is entrusted to "District Selection Committees" (DSC). Why the change is brought about in June 1985, a few facts may be stated.