ANDHRA PRADESH PUBLIC SERVICE COMMISSION versus P. CHANDRA MOULEESWARE REDDY AND ORS.

ANDHRA PRADESH PUBLIC SERVICE COMMISSION versus P. CHANDRA MOULEESWARE REDDY AND ORS.

Where the State admits its mistake in restricting recruitment, and agrees to fill all posts, the Commission must comply and candidates should not suffer; technical objections under Rule 6 or administrative burdens do not override the constitutional and statutory rights of candidates; Tribunal's direction and High Court's refusal to interfere were justified.

Parties
Appellant: Andhra Pradesh Public Service Commission; Respondent: P. Chandra Mouleesware Reddy; Respondent: L.N. Rao; Respondent: R. Santhan Krishnan; Respondent: K. Radha Rani; Respondent: Praveen K. Pandey; Respondent: P. Vijay Kumar; Respondent: C.S.N. Mohan Rao; Respondent: D. Mahesh Babu
Jurisdiction
India
Judgment Date
14 September 2006
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
Appeal dismissed
Legal Topics
Direct Recruitment, Rule of Reservation, Mistake in Government Direction, Jurisdiction Under Article 226
Service Law Constitutional Law Direct Recruitment Rule of Reservation Mistake in Government Direction Jurisdiction Under Article 226

Case Brief

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Parties

Andhra Pradesh Public Service Commission

Appellant

P. Chandra Mouleesware Reddy

Respondent

L.N. Rao

Respondent

R. Santhan Krishnan

Respondent

K. Radha Rani

Respondent

Praveen K. Pandey

Respondent

P. Vijay Kumar

Respondent

C.S.N. Mohan Rao

Respondent

D. Mahesh Babu

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether the Commission was justified in not filling all nineteen posts as advertised
  2. 2 Whether the Tribunal's direction to fill the remaining nine posts was proper
  3. 3 Whether candidates should suffer due to State's admitted mistake

Ratio Decidendi

Where the State admits its mistake in restricting recruitment, and agrees to fill all posts, the Commission must comply and candidates should not suffer; technical objections under Rule 6 or administrative burdens do not override the constitutional and statutory rights of candidates; Tribunal's direction and High Court's refusal to interfere were justified.

Court Disposition

Appeal dismissed

Orders

  • The Commission must fill the remaining nine posts of Deputy Superintendent of Police from the selection list, following rule of reservation.
  • No fresh selection process required; appointments have only prospective effect from date of joining.