D. Raju, J. - (1.) The above appeals have been filed by the Andhra Pradesh Public Service Commission challenging the order dated 16-12-1999 of the High Court dismissing the Writ Petition No. 17997 of 1999 filed by the appellant, thereby repelling its challenge to the order dated 29-12-1998 of the Andhra Pradesh Administrative Tribunal in O.A. No. 4465 of 1997 and the further order passed by the High Court on 16-11-2000 in Writ Petition Miscellaneous Petition No. 4514 of 2000 rejecting the application filed by the appellant for review of the earlier order.
(2.) For a proper understanding of the grievance of the parties as well as the interpretation to be placed on the relevant provision in question, a reference to some of the vitally essential facts becomes necessary.
(3.) The appellant-Commission issued a Notification in advertisement No. 8/90 on 23-7-1990 inviting applications for Direct Recruitment (General/Limited) to certain posts enumerated in Group I (Honours Degree Standard) and Group II-A (Bachelors Degree Standard) Services, indicating that the Commission on the basis of the results of the Competitive Examination will draw up a list of successful candidates for filling up the vacancies in Group I and Group II-A Services referred to and indicated therein. We are concerned in these proceedings only with the selections made in respect of Group II-A Services. Respondents 1 to 3 were three of the thousands of the applicants, who responded and underwent the process of selection. It appears that the Notification disclosed that the final list of successful candidates will be drawn up on the basis of the result of the Competitive Examination and the criteria for selection is the marks obtained in the said examination. Under the Scheme of recruitment to Group II-A posts, the written examination would be followed by an oral interview. Based on the performance in the preliminary examination, it appears that the candidates would be called up for the main examination and based on the performance in the main examination, the candidates would be called for an oral interview and that marks obtained in the main written examination and in the interview formed the basis for selection to the post in the services in question. It is reflected from the facts averred that the respondents 1 to 3 have mentioned in the main application form submitted by them that they possessed B.Com., B.Sc. and B.A. respectively and at the time of verification prior to the actual interview by the Commission during which a check-list also was prepared for each candidate, the qualification disclosed was found to be B.Com., B.Sc., M.A. and B.A. respectively and, thus, at the relevant points of time the possession of the additional qualification itself does not seem to have been disclosed and brought to notice for consideration. By means of an additional affidavit filed on the directions of this Court on 9-7-2001, the details relating to the examination the manner in which the selection is made and the ranks obtained by the respondents 1 to 3 came to be disclosed and it is found from the same that a total of 3883 candidates were interviewed by the Commission and the ranks obtained by respondents 1 to 3 were 1303, 2637 and 2327 respectively. Meritwise, it appears that there were above them 310, 279 and 101 candidates, respectively with higher ranking.;