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2005 Supreme(SC) 222

ARIJIT PASAYAT, S.H.KAPADIA
Secy. Deptt. Of Home Secy. A. P. – Appellant
Versus
B. Chinnam Naidu – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to legality of the judgment of a Division Bench of the Andhra Pradesh High Court setting aside the order passed by the Andhra Pradesh Administrative Tribunal (in short the ‘Tribunal’) and holding that authorities were not justified in denying appointment to the respondent.

3. A brief reference to the factual aspects would suffice:

The respondent appeared for the recruitment test conducted for the selection of Stipendiary Cadet Trainee Police Constable (Civil) in Visakhapatnam. He was successful in the test and thereafter he was subjected to medical test. After the two tests were over, he was required to undergo training. But he was not sent for training on the ground that the Superintendent of Police, Visakhapatnam by order dated 5.5.2003 had directed that he was not to be sent for training. Questioning legality of such order, the respondent filed an Original Application before the Tribunal. The Tribunal noted that the examination for selection was conducted on 16.3.2003. Subsequently, he underwent the physical test and was successful. By order dated 28.4.2003 the Superintendent of Police, Visakhapatnam informed



















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