WP/3912/2020 of Gotham Kiran Kumar Vs THE STATE OF AP on 31 December 2024

Conclusion

1. KANCHARLA PALLI SIVA RAMA PRASAD

Counsel for the Respondent(S):

1. GP FOR HOME (AP)

The Court made the following Order:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue an appropriate writ, order or direction more in the nature of Mandamus declaring the action of the respondents in declaring the petitioner as belongs to the State of Telangana and denying the employment as Driver even though he has secured 71 marks in terms of the Merit list published by the 3[rd] respondnet in pursuance to the notification in Rc.No.110/R&T/Rect.2/2018, dated 25.01.2019 as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner for the post of Driver…….”

2. Brief facts of the case are that the 3[rd] respondent has issued a notification for filling up the posts of Drivers vide notification in Rc.No.110/R&T/Rect.2/2018, dated 25.01.2019 calling for applications from the eligible candidates to work as Drivers. Thereafter, the 3[rd] respondent had issued Corrigendum splitting up the vacancies of Krishna and Guntur District as 20 and 18 respectively on 11.02.2019. The petitioner has applied for the said post as the petitioner has a Heavy vehicle driving licence and working as temporary driver in APSRTC. The respondents after verifying the application of the petitioner, directed the petitioner to appear before them for verifying driving skills. The petitioner has attended before the respondents and his driving skills were examined by the respondents and the petitioner procured total of 71 marks. While so, the respondents 2 and 3 have published a merit list, wherein the name of the petitioner was figured at Serial No.33 and was declared to be belongs to Telangana and have denied the employment on the said score. Aggrieved by the same, the present writ petition has been filed.

3. The 3[rd] respondent filed counter affidavit denying the allegations made in the writ petition and mainly contended that, in the application form the petitioner has mentioned about his educational qualifications, places of studies from 4[th] class to 10[th] class and also given permanent house address i.e., H.No.1-851, Choppadandi (V&M), Karimnagar District, Telangana State, Pin Code No.505415, for future correspondence. The petitioner also produced xeror copies of his study certificates, which clearly shows that the petitioner had studied continuously for 7 years at Karimnagar district of Telangana State. It is further contended that, as per the presidential officer i.e., Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 and G.O.(P).No.763, General Administration (SPF.A) Department, dated 15.11.1975, as amended from time to time and as per G.O.Ms.No.8, General Administration (SPF.A) Department, dated 08.01.2002, the petitioner is Non-Local to the State of Andhra Pradesh. Therefore, the candidature of the petitioner was considered against the open category quota of 20%. The petitioner was not selected, as the marks secured by the last selected candidate in OC quota was 77 marks, whereas the petitioner got 71 marks. Hence, prayed to dismiss the writ petition.

4. Heard Mr.K.Siva Ram Prasad, learned counsel for the petitioner and learned Assistant Government Pleader for Home, for the respondents.

5. On hearing, learned counsel for the petitioner, while reiterating the contents urged in the writ petition, submits that, the petitioner is not a permanent resident of Telangana. In the sake of employment, the petitioner was staying at Telangana and the birth and brought up as well as studies are in the State of Andhra Pradesh. He further submits that, in search of daily bread, the petitioner went to Telangana, where he could procure a job and merely because the petitioner has furnished the present address in the application cannot be declared as Telangana State even without giving credence to the certificates annexed as well as the other documetns which clearly establishes that the petitioner belongs to State of Andhra Pradesh. The respondents without properly verifying the study certificates, birth certificate and the Aadhar Card which explicitly establish that the petitioner was born and brought up in the state of Andhra Pradesh, denying the opportunity of employment even after procuring total of 71 marks, is illegal, arbitrary, unjust and unreasonable. He further submits that, this Court in the decision of Dodda Praveen Reddy and another v. Government of Telangana, rep. By its Secretary, Department of Medical and Health and others[1], held that A.P.Reorganization Act, 2014 is not inconsistent with Presidential Order issued in 1974 Under Article 371-D of Constitution of India as Section 95 of the said Act makes it clear that the existing common admission process under Article 371-D shall continue for a period of ten years. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders.

6. Per Contra, learned Assistant Government Pleader while reiterating the contents made in the counter affidavit, submits that, the petitioner was studied from 4[th] class to 10[th] class in Karimnagar district of Telangana State and at the time of filling up of application, the petitioner mentioned his address as Telangana State. Hence, the petitioner was considered as Non-Local to the State of Andhra Pradesh and his candidature was considered at OC, where the last selected candidate secured 77 marks, whereas the petitioner secured 71 marks. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition.

7. Perused the record.

8. The Government issued G.O.Ms.No.8, General Administration (SPF-A)

Department, dated 08.01.2002, wherein it was mentioned as follows:

“In terms of para-8 of the Andhra Pradesh Public employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975, i.e, Presidential Order, referred to in the reference first read above, in the case of District Cadres, 80% of the posts under Direct Recruitment are reserved for local candidates, as defined in para-7 of the Presidential Order. The remaining 20% of the posts are open posts for which local and non-locals have to be considered on the basis of combined merit. This aspect has already been clarified in the U.O. Note fourth read above. The Government have also issued instructions in the G.O. third read above in the manner in which the posts have to be filled up.

2. Government have re-examined the matter of filling up of the posts as prescribed in the G.O. third read above. Accordingly it is decided that while filling up of the posts under Direct Recruitment, the first 20% of posts should be filled following combined merit list of locals and non-locals and, thereafter, the remaining 80% of the posts shall be filled up by locals only. However, while filling up of the posts the special representation under Rule 22 of the A.P. State and Subordinate Service Rules shall be followed suitably.

3. Accordingly the following amendment is issued to the procedure prescribed in paras 3 and 4 of the Annexure I to the G.O.(P) No.763, General Administrative (SPF.A) Department, dated 15th November, 1975.

4. In respect of the Annexure-II & III to the G.O. 3rd read above orders will be issued separately.”

9. It is pertinent to mention here that, the Article 371-D of the Constitution of India, reads as follows:

“371D. Special provisions with respect to the State of Andhra Pradesh [After article 371C of the Constitution, the following articles shall be inserted through Constitution (Thirty-Second Amendment) Act, 1973]

1) The President may, by order made with respect to the State of Andhra Pradesh, provide, having regard to the requirements of the State as a whole, for equitable provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State.

2) The President may, by order made with respect to the State of Andhra Pradesh, provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State. provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State.

a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under the State into different local cadres for different parts of the State and allot in accordance with such principal and procedure as may be specified in the order the persons holding such post to the local cadres so organised; civil service of, or any class or classes of civil posts under the State into different local cadres for different parts of the State and allot in accordance with such principal and procedure as may be specified in the order the persons holding such post to the local cadres so organised;

b) specify any part or parts of the State which shall be regarded as the local area— area—

i. for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government; organised in pursuance of an order under this article or constituted otherwise) under the State Government;

ii. for direct recruitment to posts in any cadre under any local authority within the State; and authority within the State; and iii. for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government; to any other educational institution which is subject to the control of the State Government;

c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made-

i. in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order; referred to in sub-clause (b) as may be specified in this behalf in the order;

ii. in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be.

3) The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:- Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:- a. appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

b. seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

c. such other conditions of service of persons appointed, allotted or promoted to such class or classes of civil posts in any civil service of the State, or to such class or classes of civil posts under the State or to such class or to such class or classes of civil posts in any civil service of the State, or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order.

4) An order made under clause (3) may—

a. authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit; redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit; b. contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary; procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;

c. provide for the transfer of the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order; proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order;

d. contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary. (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.

5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:

Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be.

6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature. shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.

7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal. the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.

8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition. Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.

9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,-- authority,--

a. no appointment, posting, promotion or transfer of any person—

i. made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or Government of, or any local authority within, the State of Hyderabad as it existed before that date; or

ii. made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and

b. no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer. law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.

10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

10. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, this Court is of the opinion that, as per the material papers filed by the petitioner in the affidavit, it is evident that the petitioner belongs to the State of Andhra Pradesh and qualifies under the local category. Further, the respondents have failed to furnish information to this Court with regard to whether vacancies are there or not. Hence, this Court is inclined to dispose of the present writ petition, directing the respondents to consider the case of the petitioner, if any vacancy still exists, within a period of four (04) months from the date of receipt of a copy of this order.

11. With the above direction, the Writ Petition is disposed of. No costs.

12. As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________ Dr. K. MANMADHA RAO, J