A P PUBLIC SERVICE COMMISSION Vs. K SUDHARSHAN REDDY
LAWS(SC)-2006-7-52
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 04,2006

ANDHRA PRADESHPUBLIC SERVICE COMMISSION Appellant
VERSUS
K.SUDHARSHAN REDDY,Y.T.NAIDU Respondents





Cited Judgements :-

NANDINI MUKHERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-5-2] [REFERRED TO]
KEDAR NATH SINGH VS. STATE OF BIHAR [LAWS(PAT)-2012-8-111] [REFERRED TO]
SANGITA REANG VS. STATE OF TRIPURA [LAWS(TRIP)-2020-1-90] [REFERRED TO]


JUDGEMENT

Altamas Kabir, J. - (1.)Pursuant to an advertisement No. 2/83 published by it, the Andhra Pradesh Public Service Commission conducted recruitment to Group-II (A) Services and upon completion of the process of selection, the selected candidates were appointed in 1985 itself. In keeping with GOMS No. 502 dated 26th June, 1976, 5 % weightage marks were awarded to candidates who had obtained their basic qualifications through Telugu medium. The same was challenged before the Andhra Pradesh High Court by Non-Telugu Medium candidates in a Writ Petition, being No. 2041/1981, which was allowed by the learned single Judge by his judgment dated 7th June, 1981. By the said judgment and order the learned single Judge quashed the aforesaid Government Order on the ground that it was discriminatory and violative of Articles 14 and 16 of the Constitution.
(2.)Two Writ Appeals were filed from the order of the learned single Judge, one by the State of Andhra Pradesh and the other by the Telugu Medium candidates. Both the Writ Appeals were heard analogously by a Division Bench of the Andhra Pradesh High Court which by its judgment and order dated 15th September, 1981 allowed the Writ Appeals and upheld the Government Orders whereby 5 % weightage in total marks was given to Telugu Medium candidates, upon holding that the same did not violate Articles 14 and 16 of the Constitution. Consequently, the Writ Petition filed by the Non-Telugu Medium candidates was dismissed. The same resulted in the filing of Civil Appeal No. 2914/1981 ( V.N. Sunanda Reddy and Ors. vs. State of Anhdra Pradesh and Ors.) in this Court. Subsequently, the State of Andhra Pradesh issued a more comprehensive Government Order No .603 dated 18th November, 1981 and extended 5 % weightage to all Telugu Medium Students who were candidates for recruitment by the Andhra Pradesh Public Service Commission to any service in the State of Andhra Pradesh. The statutory rules framed in terms of the said Government Order were once again challenged by Non-Telugu Medium candidates before the Andhra Pradesh Administrative Tribunal at Hyderabad. The Tribunal by its order dated 18th January, 1994, allowed the said application filed by the Non-Telugu Medium candidates upon holding as was done in the earlier matter, that the said Government Order was violative of Articles 14 and 16 of the Constitution. As will be apparent, the view taken by the Tribunal was contrary to the decision of the Division Bench of the Andhra Pradesh High Court and it resulted in a Special Leave Petition being (Civil) No. 6395/1994 filed by the Telugu Medium candidates and by the State of Andhra Pradesh by way of Special Leave Petition (C) No. 13446/1994. As the question involved in both the matters was the same, they were taken up together for hearing by this Court and were disposed of by a common judgment dated 25th January, 1995.
(3.)Although, at the time of hearing of the appeals, it was sought to be urged on behalf of the State that the weightage had been given in the interest of the State to enable it to recruit persons who are better acquainted with Telugu language, which was the official language of the State, such a stand was rejected and it was held that the Division Bench of the Andhra Pradesh High Court was not right when it accepted such view. This Court held further that the Division Bench was not justified in upsetting the views expressed by the learned single Judge.


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