A. P. PUBLIC SERVICE COMMISSION versus PRASADA RAO AND ORS.

A. P. PUBLIC SERVICE COMMISSION versus PRASADA RAO AND ORS.

Directions from the Tribunal and High Court were modified to restore the select list prepared by the A.P. Public Service Commission; candidates already appointed under notification No. 5/1998 may opt to retain existing positions or choose new posts, with options exercised within a timeframe set by the Commission; fresh appointees after this order are to be given option only once, and no fresh options for those who already exercised them; vacancies to be filled in accordance with merit and rules of reservation.

Parties
Appellant: A.P. Public Service Commission; Respondent: Prasada Rao and Ors.
Jurisdiction
India
Judgment Date
25 February 2010
Procedural Posture
Civil Appeal / Final Disposition on Appeal From the High Court of Andhra Pradesh
Outcome
Appeals disposed of
Legal Topics
Selection Process, Select List, Appointment, Seniority, Option for Post, Tribunal Directions, Modification of Orders
Service Law Selection Process Select List Appointment Seniority Option for Post Tribunal Directions Modification of Orders

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Parties

A.P. Public Service Commission

Appellant

Prasada Rao and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition on Appeal From the High Court of Andhra Pradesh

Legal Issues

  1. 1 Validity and modification of Tribunal and High Court directives regarding select list and appointments
  2. 2 Seniority and option choices for selected candidates

Ratio Decidendi

Directions from the Tribunal and High Court were modified to restore the select list prepared by the A.P. Public Service Commission; candidates already appointed under notification No. 5/1998 may opt to retain existing positions or choose new posts, with options exercised within a timeframe set by the Commission; fresh appointees after this order are to be given option only once, and no fresh options for those who already exercised them; vacancies to be filled in accordance with merit and rules of reservation.

Court Disposition

Appeals disposed of

Orders

  • Select list prepared by A.P. Public Service Commission pursuant to Supreme Court judgment restored; appointment to be given effect in terms of seniority as in official records.
  • Candidates already appointed given option either to retain existing position/posts from notification No. 5/1998 or opt for new posts offered pursuant to present order.