- (1.) By Advertisement No. 6/88 dated 1/12/1988, the Andhra Pradesh public service commission (for short 'psc') invited applications for 60 vacancies in the cadre of Deputy Executive Engineers in different services: (a) R and B Engineering Service, (b) P. H. and M. Engineering Service, (c) Engineering Service and (d) Panchayat Raj Engineering Service in the common scale of Rs. 1980-3500 to be filled by direct recruitment. These vacancies were shown in the advertisement at Code G-l under the head central Recruitment. The educational and other qualifications for the posts in question were set out to be Bachelor of Engineering degree (Highways, Civil or Mechanical) of a recognised University for (a) and (d) services, a degree in Civil or Mechanical Engineering of a recognised University for (b) service and a degree in Bachelor of Engineering, Civil or Mechanical of a recognised University for (c) service. Insofar as (b) category is concerned, it was mentioned that preference shall be given to persons possessing five years' experience in Irrigation or Execution of Water Supply and Drainage Scheme. In respect of posts in (a) and (c) categories, it was further mentioned that post-graduate qualification of an Indian or Foreign University shall be treated as 'an additional qualification' and preference shall be given to such candidates. Para 7 of the advertisement stated that the selection will be made on the basis of written examination tobe followed by oral test/interview for the posts in Code G-1. The scheme of examination was detailed in Annx. 6 of the advertisement. Pursuant to the said advertisement both graduates and post-graduates applied for the posts in question and were subjected to a written test and those who secured the qualifying marks were called for oral test/interviews. Some candidates who did not secure the qualifying marks and were not called for oral test/interviews filed O. A. Nos. 1736 to 1739 of 1990 contending that they ought to have been called and the total number of marks secured both at the written examination and oral test should have been taken into consideration for the purpose of determining the successful candidates to be empanelled for appointment to the posts in question.
(2.) The PSC on an interpretation of the relevant rule as placed by the High court of Andhra Pradesh in Writ Petition No. 2568 of 1982 decided by Waghray, J. on 14/03/1986 first selected post-graduate engineers for the available vacancies under open competition and since sufficient number of post-graduates were available, no graduate was selected for the posts in question. In the category of reserved seats for backward classes, Scheduled Castes and Scheduled Tribes, post-graduates to the extent they were available were selected and in the case of non-availability of post-graduates,graduates were selected for appointment to the posts in question. It would at this stage be relevant to reproduce the rule in question: "Rule 4. Qualifications. No person shall be eligible for appointment to the category and by the method mentioned in columns (1 and (2 of the following table unless he possesses the qualifications prescribed in the corresponding entry in column (3 thereof: 310. htm315 Note 1: Post-Graduate qualification of an Indian or of Foreign University shall be treated as an additional qualification and preference shall be given to such candidates in the matter of direct recruitment, promotion and recruitment by transfer to the post of Deputy Executive Engineers. The extent to which a post-graduate has to be given preference in the matter of promotion to the post of Deputy Executive Engineer is indicated below: 9th vacancy in 9 vacancies intended for appointment of assistant Executive Engineers and Compressed Diplomaholders (DCEs) as Deputy Executive Engineers shall, however, be earmarked for post-graduate Assistant Executive Engineers. " (A similar rule Rule 5-is to be found for the post of Deputy Executive Engineers in Roads and Buildings Engineering Service Rules, 1987. )
(3.) Subsequently, the State government by a memo dated 13/10/1978 issued instructions to the Chief Engineer in the matter of promotion to the category of Assistant Engineers (Deputy Executive Engineers) from the category of Junior Engineers (Assistant Executive Engineers). The said memo reads as under: "The attention of the Chief Engineer (General) is invited to the reference cited and he is informed that under note (1 of Rule 4 of A. P. E. S. Rules, it is laid down that post-graduate qualification of an Indian or Foreign University shall be treated as an additional qualification and preference shall be given to each candidate in the matter of direct recruitment, promotion and recruitment by transfer to the post of Assistant Engineer. 2. The above rule is not conditional or limited. Hence, for any particular year, the list of eligible candidates with post-graduate qualification shall be first considered in the order of their seniority and only after such a list is considered the cases of ordinary graduates shall be considered and selection has to be made on the basis of merit and ability. 3. The expression 'preference shall be given' occurring in the said rule would mean that, other things such as passing of prescribed tests, maintaining merit, suitability, fitness etc. , being equal, preference shall be given, at every selection or preparation of panel for appointment as Assistant Engineers to the holders of post-graduate qualifications, and after giving the said preference the claims of less qualified candidates who are also eligible for appointment would be considered. Such preference is not conditional or limited. ";