- (1.) Leave granted.
(2.) The interpretation of Rule 6 (amended) and Rule 7 of Andhra Pradesh Public Service Commission Rules of Procedure ("the APPSC Rules") is in question in this appeal.
(3.) The brief facts leading to this appeal are that a written test and oral test were conducted for selection to the post of Junior Lecturer in Mathematics, and results were published by the appellant herein, the Andhra Pradesh Public Service Commission ("the Commission") on 03.12.2011. Respondent No.1, who belongs to the Open Category ("OC"), secured 380.50 marks, whereas one Mr. G.V. Ramakrishna Sagar (the last selected candidate in the OC in Zone-III) secured 393.00 marks. Consequently, Mr. G.V. Ramakrishna Sagar was declared selected. The selection was finalized and the same was sent to the Unit Officers on 04.09.2012. However, Mr. G.V. Ramakrishna Sagar chose not to join the post. Respondent No. 1 herein, after waiting for four years, filed Original Application No. 3142 of 2016 before the A.P. Administrative Tribunal on 02.08.2016, claiming appointment in the vacancy created due to non-joining of Mr. G.V. Ramakrishna Sagar, since he was the candidate with the next highest marks in the select merit list. The said Original Application No. 3142 of 2016 was dismissed on the ground of delay and laches. Being aggrieved by the same, Respondent No. 1 carried the matter before the High Court by filing Writ Petition (C) No. 3695 of 2018. The High Court vide the impugned judgment found that the vacancy for the post of Junior Lecturer in Mathematics had not been filled up since the last OC candidate did not join duty, and allowed the writ petition filed by Respondent No. 1, directing the Commission to appoint Respondent No.1 to the said post.;