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Civil · Reportable judgment

Andhra Pradesh Public Service Commission vs Kota Lingeswara Rao & Ors.

Court
Supreme Court of India
Date
11 December 2019
Case No.
Civil Appeal No(s). 9338 of 2019
Result
Allowed
Bench
Mohan M. Shantanagoudar, K.M. Joseph
Citation
[2019] 15 S.C.R. 79 : 2019 INSC 1360
Supreme Court Reports [2019] 15 S.C.R. 79 : 2019 INSC 1360
Headnote

Andhra Pradesh Public Service Commission Rules: r.6 (amended) and r.7 – Claim for appointment – On the post which fell vacant due to relinquishment of the same by the last selected candidate – By the candidate next in the select merit list – By filing application before Administrative Tribunal – The Tribunal dismissed the application on the ground of delay and laches – High Court set aside the order of Tribunal directing appointment of the candidate – Appeal to Supreme Court – Held: The amended r.6 has done away with the system of rank list remaining in force for a period of one year and mandates notification of such fallout vacancies in the next recruitment – Rule 7 also makes it clear that selection for the relinquished vacancy has to be as per the existing Rules – Thus, the respondent-candidate has no right to claim selection as per the Rules – Appeal allowed.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 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
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