GOVERNMENT OF ANDHRA PRADESH ETC. ETC. versus P. DILIP KUMAR AND ANR. ETC. ETC.

GOVERNMENT OF ANDHRA PRADESH ETC. ETC. versus P. DILIP KUMAR AND ANR. ETC. ETC.

The Andhra Pradesh Engineering Service Rules (Rule 4 and Note 1) validly provide for preferential treatment to post-graduates in direct recruitment, and such preference—when applied as per merit and after qualifying marks are achieved—is not violative of Articles 14 and 16 of the Constitution. The practice of selecting post-graduates as a class first, as upheld by the Single Judge of the High Court, is consistent with the purpose of administrative efficiency in technical services and does not unlawfully exclude qualified graduates.

Parties
Appellant: Government of Andhra Pradesh; Respondents: P. Dilip Kumar and another
Jurisdiction
India
Judgment Date
03 February 1993
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Appeal From Decision of Andhra Pradesh Administrative Tribunal and High Court
Outcome
Appeals allowed; impugned orders of the Tribunal set aside; writ petition dismissed.
Legal Topics
Recruitment Rules, Preference to Post Graduates, Interpretation of Service Rules, Equality Under Articles 14 and 16
Service Law Constitutional Law Recruitment Rules Preference to Post Graduates Interpretation of Service Rules Equality Under Articles 14 and 16

Case Brief

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Parties

Government of Andhra Pradesh

Appellant

P. Dilip Kumar and another

Respondents

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Appeal From Decision of Andhra Pradesh Administrative Tribunal and High Court

Legal Issues

  1. 1 Whether Rule 4 and Note 1 of the Andhra Pradesh Engineering Service Rules allow preferential selection of post-graduates over graduates in direct recruitment to Deputy Executive Engineer cadre.
  2. 2 Whether such preference violates Articles 14/16 of the Constitution.

Ratio Decidendi

The Andhra Pradesh Engineering Service Rules (Rule 4 and Note 1) validly provide for preferential treatment to post-graduates in direct recruitment, and such preference—when applied as per merit and after qualifying marks are achieved—is not violative of Articles 14 and 16 of the Constitution. The practice of selecting post-graduates as a class first, as upheld by the Single Judge of the High Court, is consistent with the purpose of administrative efficiency in technical services and does not unlawfully exclude qualified graduates.

Court Disposition

Appeals allowed; impugned orders of the Tribunal set aside; writ petition dismissed.

Orders

  • Impugned orders of the Andhra Pradesh Administrative Tribunal quashed.
  • Civil Appeals Nos. 720 and 721 of 1988, 1260 and 1710 of 1990 and 1011-1024 of 1992 are allowed.