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2010 Supreme(SC) 172

MARKANDEY KATJU, T.S.THAKUR
B. Manmad Reddy – Appellant
Versus
Chandra Prakash Reddy – Respondent


Advocates Appeared:
Dr. Rajeev Dhavan, A. Mariarputham, I. Venkatanarayana, Sr. Advs., D. Rama Krishna Reddy (for Mrs. D. Bharathi Reddy), Ms. T. Anamica, Chandra Mohan Anisetty, Manoj Saxena, Mayank Nigam (for T.V. George), D. Bharat Kumar, Balasubrahmanyam Kamarsu (for Abhijit Sengupta), Advs., with them for the appearing parties.

JUDGMENT

T.S. Thakur, J. —

1. These appeals by special leave arise out of a common order passed by the High Court of Andhra Pradesh whereby Writ Petition Nos.537, 2073, 2075, 7234 and 11033 of 2002 have been partly allowed, and the order passed by Andhra Pradesh Administrative Tribunal set aside to the extent the same had declared Note 1(i) to Rule 3 of the Andhra Pradesh Educational Service Rules to be unconstitutional. To the extent the Tribunal had declared Note 6 to Rule 3 of the Rules aforementioned to be ultra vires the High Court has affirmed the view taken by the Tribunal and dismissed the writ petitions. It is noteworthy that the State of Andhra Pradesh has not assailed the judgment delivered by the High Court of Andhra Pradesh. The present appeals have been preferred by the direct recruits to the Andhra Pradesh State Educational Service who contend that the Tribunal and the High Court fell in error in declaring Note 6 to Rule 3 of the Rules in question to be unconstitutional.

2. The short question that falls for consideration and that was argued at considerable length before us by learned counsel for the parties is whether persons drawn from different sources and integrat































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