PILLI NAGESWARA RAO Vs. VICE CHAIRMAN AND MANAGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION HYDERABAD

JUDGEMENT

(1.) As the subject matter of these two writ petitions being the same, they ran be disposed of by a common order. These two writ petitions are filed for issuance of a writ of certiorari calling for the records relating to selection and appointment of drivers in A.F.S.R.T.C., East Godavari Region in February, 1997 and quash the same as illegal as the selections are vitiated by mala fides and undue favour was conferred on the candidates belonging to the caste of the Chairman of the Selection Committee. Such an action being violative of Article 14 of the Constitution of India, the same is liable to be struck down by this Court.

(2.) The factual matrix of these two cases are mat the Executive Director,A.P.S.R.T.C., Vizianagaram zone sought permission of the Vice-Chairman & Managing Director, to prepare a panel of 200 Drivers in Grade-III for East Godavari region in his letter dated 29-07-1996. While giving permission to recruit 89 Drivers, the V.C. & M.D. seemed to have constituted a Selection Committee consisting of three officers from Vizianagaram zone and the 5th (sic. 4th) respondent was nominated as Chairman of the Selection Committee. Subsequently, the Personal Officer, Rajahmundry Division sent a requisition to the District Employment Officer, Kakinada to sponsor candidates for recruitment of 89 Drivers Grade-III in the existing vacancies in his letter dated 13-08-1996. In the said notification it was also made clear that reservations not only in favour of Constitutionally permissible classes but also. Ex-Servicemen and physically handicapped persons will also be applied. Again 30 per cent posts were reserved for women in all categories. The Employment Officer seemed to have sponsored 1606 candidates for filling up the vacancies. Interviews have taken place between October, 1996 to February, 1997. As per the averments made in the affidavit filed in support of the writ petition, out of the candidates sponsored by the Employment Exchange while 400 candidates belong to O.C. category, 900 candidates belong to B.C. category and the rest of them to S.C. & S.T. categories. In the Preliminery test held in the month of October/November, 1996 about 125 candidates from O.C. category and 195 candidates from B.C. category and some others were selected. Again out of 195 B.C. candidates 128 candidates belong to B.C. 'B' group. After preliminery test was over candidates were sent interview letters for driving test clearly mentioning the social status of the candidate i.e., by mentioning his caste name in it. The driving test carries 100 marks. While 50 marks were prescribed as qualifying marks for OCs and BCsand for S.Cs and S.Ts the qualifying marks were fixed at 40. After final driving test was over, 165 candidates seemed to have been empanelled for appointment out of whom only 28 B.C. candidates were shown as selected and out of 78 O.C. candidates selected, 60 candidates belong to 'Kapu' community, i.e., the community of the Chairman of the Selection Committee.

(3.) It is his case that after preliminery test, the B.C. candidates selected outnumbered the O.C. candidates, but in the final selection only 28 candidates belonging to B.C. category were selected, while 78 candidates from among O.C. category out of whom 60 candidates belong to 'Kapu' community were selected.