- (1.) Leave granted.
(2.) This appeal by special leave is directed against the order of the Andhra pradesh Administrative Tribunal dismissing the appellant's application registered as OA No. 40498 of 1990 and the order dismissing the review application filed by the appellant which was registered as MA No. 2191 of 1994 by order dated 24/8/1994.
(3.) The secretary, A. P. public service commission has issued an advertisement for the 20 posts in Group I services in the cadre of Deputy collector for the Recruitment Year 1980-81 by a notification dated 28/1/19800. The appellant who was qualified and eligible to apply for the same, appeared atthe written test conducted by the public service commission and also appeared in the interview which was held on 19-1-1981. It was decided to fill up 10 posts of Deputy Collector out of which two posts were meant for Scheduled Castes, one for Backward Class Group 'a' and two for Backward Class Group 'd' and rest 5 for candidates from open competition. The appellant belongs to the last category whereas Respondents 4 to 9 belong to the Backward Classes category. The appellant challenging the appointment of the respondents on the ground that in making the appointment the authority concerned violated the provisions of the rules of Reservations and in fact appointed persons from reserved category more than the percentage of reservation meant, filed an application in the a. P. Administrative tribunal which was registered as RP No. 6652. The tribunal, however, did not interfere with the appointments made in the year 1981 on the ground of laches on the part of the appellant to approach the tribunal but observed that the representation of the appellant may be considered for any future vacancy. The appellant thereafter made a representation to the public Service Commission and the Commission rejected the same holding that the Commission has no power to consider anybody's application on compassionate grounds. The appellant then filed a fresh petition before the tribunal which was registered as OA No. 40498 of 1990 and the said application was dismissed by the tribunal on the ground of laches taking into account the fact that a selection made as early as in the year 1980 cannot be annulled in the year 1994 when the application challenging the said selection was filed as late as in 1990. The appellant then filed an application for review and the review application having been rejected by the impugned order dated 24/8/1994, has approached this court.;