SECRETARY, A.P. PUBLIC SERVICE COMMISSION versus B. SWAPNA AND ORS.

SECRETARY, A.P. PUBLIC SERVICE COMMISSION versus B. SWAPNA AND ORS.

Once a process of selection starts, the prescribed selection criteria cannot be changed; the amended Rule 6 was not applicable to selections initiated before its introduction. The Commission had exercised its power to freeze the ranking list, and directed fresh advertisement, thus the wait list ceased to operate. The High Court was not justified in referring to the amended rule.

Parties
Appellant: Secretary, A.P. Public Service Commission; Respondent No. 1: B. Swapna; Respondent's Advocate: Mrs. D. Bharathi Reddy
Jurisdiction
India
Judgment Date
16 March 2005
Procedural Posture
Civil Appeal / Appeal From Judgment of Andhra Pradesh High Court Affirming Tribunal Decision
Outcome
Appeal allowed; High Court and Tribunal decisions set aside.
Legal Topics
Selection Process, Wait List, Rule Amendment, Freezing of Ranking List, Statutory Construction, Relaxation of Selection Norms
Service Law Selection Process Wait List Rule Amendment Freezing of Ranking List Statutory Construction Relaxation of Selection Norms

Case Brief

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Parties

Secretary, A.P. Public Service Commission

Appellant

B. Swapna

Respondent No. 1

Mrs. D. Bharathi Reddy

Respondent's Advocate

Procedural Posture

Civil Appeal / Appeal From Judgment of Andhra Pradesh High Court Affirming Tribunal Decision

Legal Issues

  1. 1 Whether amended Rule 6 applied to selection process started before its introduction
  2. 2 Entitlement to appointment from the wait list after notification of new vacancies
  3. 3 Scope for relaxation of selection norms by authorities

Ratio Decidendi

Once a process of selection starts, the prescribed selection criteria cannot be changed; the amended Rule 6 was not applicable to selections initiated before its introduction. The Commission had exercised its power to freeze the ranking list, and directed fresh advertisement, thus the wait list ceased to operate. The High Court was not justified in referring to the amended rule.

Court Disposition

Appeal allowed; High Court and Tribunal decisions set aside.

Orders

  • The judgment of the High Court affirming Tribunal's judgment is set aside.
  • No order as to costs.