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2020 Supreme(SC) 427

MOHAN M.SHANTANAGOUDAR, K.M.JOSEPH
Andhra Pradesh Public Service Commission – Appellant
Versus
Kota Lingeswara Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Basant, Ms. M.V. Rama, Mrs. Anjani Aiyagari, AOR
For the Respondent: Mr. J. Sudheer, Mr. Sumanth Nookala, Mr. G. N. Reddy, Mr. T. Vijya Bhaskar Reddy, Ms. Sujatta Bagadhi, Adv.

ORDER :

1. Leave granted.

2. The interpretation of Rule 6 (amended) and Rule 7 of Andhra Pradesh Public Service Commission Rules of Procedure (“the APPSC Rules”) is in question in this appeal.

3. The brief facts leading to this appeal are that a written test and oral test were conducted for selection to the post of Junior Lecturer in Mathematics, and results were published by the appellant herein, the Andhra Pradesh Public Service Commission (“the Commission”) on 03.12.2011. Respondent No.1, who belongs to the Open Category (“OC”), secured 380.50 marks, whereas one Mr. G.V. Ramakrishna Sagar (the last selected candidate in the OC in Zone-III) secured 393.00 marks. Consequently, Mr. G.V. Ramakrishna Sagar was declared selected. The selection was finalized and the same was sent to the Unit Officers on 04.09.2012. However, Mr. G.V. Ramakrishna Sagar chose not to join the post. Respondent No. 1 herein, after waiting for four years, filed Original Application No. 3142 of 2016 before the A.P. Administrative Tribunal on 02.08.2016, claiming appointment in the vacancy created due to non-joining of Mr. G.V. Ramakrishna Sagar, since he was the candidate with the next highest marks in the select

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