G SRINIVAS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition Nos. 14872 and 15395 of 1999 are filed by the Andhra Pradesh Public Service Commission and the other eight writ petitions are filed by the other eligible candidates who appeared for the interview, for appointment of 176 posts of Asst. Executive Engineer in Panchayath Raj Engineering Services, seeking a Writ of Certiorari to call for the records relating to the common judgment in O.A.No. 8622 of 1998 and O.A.No. 8609 of 1998 dated 1-4-1999 of the Andhra Pradesh Administrative Tribunal, Hyderabad, and to quash the same, as illegal, arbitrary and unconstitutional.

(2.) The brief facts of the case are that the Andhra Pradesh Public Service Commission (for short Service Commission) issued notification in advertisement No. 8 of 1995 dated 27-11-1995 inviting applications from the eligible candidates for Gazetted and Zonal posts of Asst. Executive Engineers in A.P. Panchayath Raj Engineering Service, A.P. R&B Engineering Service, A.P. Engineering Service, and A.P. Public Health and Municipal Engineering Service. In these writ petitions we are concerned with the appointments of the Asst. Executive Engineers in the Department of A.P. Panchayath Raj Engineering Service. In response to the above said notification of the Service Commission, there were 502 vacancies initially notified and the number of vacancies indicated is provisional and subject to variation and confirmation by the concerned appointing authorities. It is further mentioned that the Service Commission reserves the right to increase or decrease the number of vacancies which may be reported by the appointing authorities subsequent to the advertisement. The table hereunder indicates the vacancy position Zone-wise, for all the cateeories <FRM>JUDGEMENT_129_ALT1_2000Html1.htm</FRM>

(3.) It is further stated that the selection is by way of a written test followed by interview. The maximum marks prescribed for written test and interview are 300 and 50 respectively and the minimum qualifying marks for admission to interview will be 40% in respect of O.Cs., 35% in respect of B.Cs., and 30% in respect of S.Cs., S.Ts., and P.Hs. Further the Service Commission had discretion to fix the cut-off marks at higher percentage than the minimum qualifying marks for calling for interview only such number of candidates as it considers necessary having due regard to the number of vacancies/expected vacancies, etc., and after the written examination, eligible candidates will be called for interview at the ratio of 1:2 with reference to the number of vacancies duly following the rule of reservation as per General Rule 22. In response to the said notification, 22,300 applications were received in all and 17,217 candidates appeared for the written test. The Service Commission has declared the results of the written examination by preparing a General Ranking List on 9-1-1997 and 1,267 candidates were notified as qualified for appearing in oral interview in the ratio of 1:2 in respect of 502 vacancies. The number of candidates qualified were more the 1:2 ratio, for the reason that the candidates have secured equivalent marks secured by the last candidate and the candidates are to be called for the interview in respective categories for each zone, and thus there was increase in the total number of candidates called for interview. The oral interviews were held in between 8-5-1997 to 6-6-1997 and only 1,167 candidates have appeared for the oral interview for all the categories in respect of all the zones and the Service Commission rejected the candidature of two applicants for the interview. Thereafter the Service Commission prepared and published a list of marks obtained in the written test and oral interview on 6-6-97 and on 5-11-1997 the Department of Panchayath Raj and Rural Development vide their D.O. letter No. 33467/Est. III/A2/97 dated 5-11-1997 requested the Service Commission to select further 126 Asst. Executive Engineers from out of the already interviewed candidates in addition to the earlier notified 502 vacancies, immediately in view of the urgency and need as per the Table given below Zone-wise: <FRM>JUDGEMENT_129_ALT1_2000Html2.htm</FRM>