- (1.) Leave granted.
(2.) In this appeal preferred by the Union Public Service Commission, the challenge is to the order of the Division Bench dated 27.11.2014 passed in Writ Petition No.23340 of 2010, in and by which the Division Bench upheld the order of the Central Administrative Tribunal, Hyderabad Bench dated 28.7.2010 passed in O.A. No.640 of 2008. The issue pertains to selection for the post of Section Officer from the feeder category of Assistant on the basis of Limited Departmental Competitive Examination (for short, LDCE) held for the year 2004. In the open category, the number of vacancies ascertained was 299 and the number of candidates appeared was 591. Based on the examination results, applying the Rules, the appellant fixed the qualifying cut off marks for the written examination at 38. As many as 340 candidates qualified in the said examination. Based on the said written examination held and after assessing their merit qualification based on their ACRs, the select list was prepared. It came to light that out of the selected candidates 148 in numbers, who had competed in the previous year, i.e. 2003, got selected in that year as well as in the year 2004.
(3.) In regard to the said repeat candidates, an issue was brought before the Central Administrative Tribunal which resulted in an order passed on 19.9.2006 wherein the statement of the appellant was recorded to the effect that the Commission would declare the supplementary results against the repeat candidates i.e. the candidates who had been declared in two successive examinations, that the supplementary results shall be declared by the Commission strictly in the order of merit of the candidates. By recording the statement of the appellant, the Tribunal directed the appellant to confine the supplementary results against only repeat 148 candidates within four weeks from the date of communication of the order.;