WP/21485/2015 of Ch.Sankar Reddy, S/o. Venkatrami Reddy Vs The State of Telangana on 30 December 2015

THE HON’BLE SRI JUSTICE G. CHANDRAIAHAND

THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

WRIT PETITION No. 21485 of 2015

ORDER:(per Hon’ble Sri Justice G. Chandraiah)

This writ petition is filed seeking to set aside the orders dated09.06.2015 in O.A.No.2754 of 2015 on the file of the Andhra PradeshAdministrative Tribunal, Hyderabad.

2. The petitioners-applicants filed the above Original Applicationbefore the Tribunal seeking a direction to the respondents to publish thefinal selection list of candidates in pursuance of Notification No.15/2011dated 18.09.2012 and Notification No.18/2011 dated 28.09.2012.

The case of the applicants is that pursuant to the saidnotifications issued by the A.P. Public Service Commission forrecruitment to Group-I posts, the applicants applied against thevacancies and were qualified in the preliminary examination and alsoappeared in the main examination and interview, but final results arenot yet declared.

The Tribunal, in the orders impugned, has observed that therewas a litigation with regard to the issue of incorrect questions andincorrect key in respect of the present recruitment in O.A.No.7809/2012and batch; and the Tribunal by orders dated 04.01.2013 directed theService Commission to appoint an Expert Committee to decidecorrectness of certain questions and further directed to publish resultsby permitting the respondents to proceed with the selection process,but final selection would be subject to final outcome to be arrived at bythe Expert Committee. The said order of the Tribunal was carried in appeal before this Court and was further appealed before the Hon’bleSupreme Court in Civil Appeal No.9140 of 2013. The Supreme Court,by orders dated 07.10.2013 directed the A.P. Public ServiceCommission, to conduct a de novo main examination by deleting the sixwrong questions and to proceed further in the selection process. Later,on the petition filed by the A.P. Public Service Commission in I.A.No.4in Civil Appeal No.9140/2013, the Hon’ble Supreme Court, by ordersdated 20.01.2014, modified its earlier orders dated 07.10.2013 to theeffect that 7711 candidates, though succeeded in the preliminaryexamination, had chosen not to appear for the main examination on theearlier occasion and hence those 7711 candidates shall be deemed tohave given up their claim to appear in the main examination to be heldde novo.

In view of the orders passed by the Hon’ble Supreme Court, theTribunal dismissed the O.A. on the ground that cause of action does notsurvive since the O.A. was instituted on the earlier orders of theTribunal, dated 04.01.2013, which are no more in operation. Aggrievedby the dismissal of the O.A., the present writ petition is filed.

3. Heard.

4. A perusal of the orders of the Tribunal would show that earlierwith regard to certain incorrect questions, a batch of applications viz.,O.A.No.7809/2012 & batch, came to be filed before the Tribunal, uponwhich the Tribunal directed the Public Service Commission to appointan Expert Committee to look into the issue and also directed therespondents to go ahead with the selection process, but, however, thefinal selection would be subject to final outcome to be arrived at by theExpert Committee. The said order of the Tribunal was challengedbefore this Court and later before the Hon’ble Supreme Court. TheHon’ble Supreme Court, by orders dated 07.10.2013, directed the A.P.Public Service Commission to conduct a de novo main examination.

Later, on the petition filed by the Public Service Commission, theHon’ble Supreme Court modified its earlier orders dated 07.10.2013, byorders dated 20.01.2014 to the extent that 7711 candidates who havenot appeared in the main examination, though they are qualified in thepreliminary examination, are deemed to have relinquished their claimfor sitting in the main examination. The Tribunal, after properappreciation of the facts of the case, has rightly dismissed the O.A.,observing that the orders dated 04.01.2013, passed by it have becomedefunct and hence the O.A. filed basing on the said orders ismisconceived in view of the orders dated 20.01.2014 passed by theHon’ble Supreme Court in I.A.No.4 in Civil Appeal No.9140/2013.

5. Inasmuch as the Tribunal has discussed and recorded thefactual position, we do not find any illegality or infirmity in the ordersimpugned.

6. The writ petition is, accordingly, dismissed. No costs. Miscellaneous petitions, if any pending, shall stand closed.

__________________

G. CHANDRAIAH, J

30[th] December, 2015

__________________________

A. SHANKAR NARAYANA, J

ksm

THE HON’BLE SRI JUSTICE G. CHANDRAIAH

AND

THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

ksm

WRIT PETITION No. 21485 of 2015

30[th] December, 2015