TH0TE BHASKARA RAO versus A.P. PUBLIC SERVICE COMMISSION AND OTHERS.

TH0TE BHASKARA RAO versus A.P. PUBLIC SERVICE COMMISSION AND OTHERS.

Service in Hindustan Shipyard, a government undertaking, does not constitute 'Government service' for purposes of eligibility under the Andhra Pradesh State Judicial Service Rules. Classification based on difference between government service and other services is valid and not discriminatory, and the proviso to Rule 12 is legally valid.

Parties
Appellant: TH01E BHASKARA RAO; Respondent: A.P. PUBLIC SERVICE COMMISSION
Jurisdiction
India
Judgment Date
25 November 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave Under Article 136 Against the Judgment and Order of the Andhra Pradesh High Court
Outcome
Appeal dismissed
Legal Topics
Recruitment Eligibility, Discrimination, Classification, Interpretation of Andhra Pradesh State Judicial Service Rules
Constitutional Law Service Law Recruitment Eligibility Discrimination Classification Interpretation of Andhra Pradesh State Judicial Service Rules

Case Brief

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Parties

TH01E BHASKARA RAO

Appellant

A.P. PUBLIC SERVICE COMMISSION

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Under Article 136 Against the Judgment and Order of the Andhra Pradesh High Court

Legal Issues

  1. 1 Whether service in Hindustan Shipyard, a Government of India undertaking, can be equated to 'Government service' for the purpose of eligibility under Rule 12 of Andhra Pradesh State Judicial Service Rules
  2. 2 Validity of classification and discrimination in eligibility conditions under Andhra Pradesh State Judicial Service Rules

Ratio Decidendi

Service in Hindustan Shipyard, a government undertaking, does not constitute 'Government service' for purposes of eligibility under the Andhra Pradesh State Judicial Service Rules. Classification based on difference between government service and other services is valid and not discriminatory, and the proviso to Rule 12 is legally valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no costs