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2024 Supreme(SC) 195
SUPREME COURT OF INDIA
A.S. Bopanna, M. M. Sundresh, JJ.
The Telangana Residential Educational Institutions Recruitment Board – Appellant
Versus
Saluvadi Sumalatha & Anr. – Respondents
Civil Appeal Nos. 3849 of 2024 [Arising out of SLP (C) Nos. 16134-16135 of 2022]
Decided On : 05-03-2024
For the Petitioner(s): Mr. V. Giri, Sr. Adv. Mr. P. Venkat Reddy, Adv. Mr. P. Srinivas Reddy, Adv. Mr. Rahul Narang, Adv. For M/S. Venkat Palwai Law Associates, AOR
For the Respondent(s): Mr. Krishna Kumar Singh, AOR Mr. Manoj C. Mishra, AOR
Headnote:
Recruitment - Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 - Rule 22 of the Telangana State and Subordinate Service Rules, 1996 - GOMs No. 124 dated 07.03.2002 - GOMs No. 924 dated 12.12.2007
Fact of the Case:
The case involved the recruitment of junior lecturers in Residential Educational Institutions Societies. The dispute arose regarding the application of local reservation rules and the allocation of candidates based on merit and zonal preference.
Finding of the Court:
The Court found that the recruitment agency correctly followed the mandate of law and set aside the decision of the High Court, restoring the recruitment made in favor of respondent no. 2.
Issues: The issues revolved around the interpretation and application of the Andhra Pradesh Public Employment Order, the Telangana State and Subordinate Service Rules, and the relevant government orders regarding reservation and allocation of candidates based on merit and zonal preference.
Ratio Decidendi: The Court emphasized the importance of following the mandated rules and regulations in recruitment processes and highlighted that the court's role is limited to interference on limited grounds such as illegality, irregularity, or mala fides affecting the selection.
Final Decision: The impugned order was set aside, and the appeals were allowed by restoring the recruitment made in favor of respondent no. 2. No order as to costs.
JUDGMENT :
M. M. Sundresh, J.
1. Leave granted.
2. By the impugned order, the Division Bench of the High Court of Telangana confirmed the decision of the Learned Single Judge by allowing the writ petition filed by respondent no.1, setting aside the recruitment made by the appellant in favour of respondent no.2 and ordered for redrawing of the merit list.
3. Heard learned senior counsel appearing for the parties.
BRIEF FACTS
4. The Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 came into existence vide GOMs No. 674 dated 20.10.1975 in exercise of the powers conferred by Clauses (1) and (2) of Article 371D of the Constitution of India, 1950 upon the President of India. The aforesaid Government Order confers discretion to the State Government in respect of different departments and categories of posts to constitute committees for rendering adequate advice to it on the allotment of persons to State, Zonal and District cadres.
5. The Government of Andhra Pradesh issued instructions vide G.O.P No. 763 dated 15.11.1975 highlighting the methodology for filling up the vacancies. Annexure II of the said instructions which is relevant for the purpose of deciding the lis underwent an amendment vide GOMs No. 124 dated 07.03.2002 which reads as follows:
“In the said Government, orders.
(1) In the Annexure-II
(1) For paragraphs 3 and 4, the following shall be substituted, namely,
“3: The Provisional list shall be divided into two parts. The first part shall comprise 30% of the posts consisting of combined merit lists of locals as well as non-locals and the remaining second part shall comprise the balance 70% of the posts consisting of locals only and the posts shall be filled duly following the rule of reservation.”
Thus, as per the amendment to instructions in G.O.P No. 763 dated 15.11.1975, 30% of the posts are to be filled up first on the basis of merit by both locals and non-locals constituting the first part, and the remaining 70% is to be filled up with local reservation, subject to Rule of Reservation as per the Roster Point.
6. Rule 22 of the Telangana State and Subordinate Service Rules, 1996 mandates that appointments shall be made in the order of rotation on the basis of a 100 Point Roster. The category of Scheduled Castes (Women) comes under Roster Point No.2.
7. The appellant being the recruitment agency issued a Notification No. 03/2018 dated 31.07.2018 inviting applications from eligible candidates for the recruitment to the post of junior lecturers in Residential Educational Institutions Societies. As per paragraph V sub-paragraph 4 of the said notification, the zonal and local reservations shall be followed as per paragraph 8 of Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 (GOM No. 674, dated 20.10.1975) read with GOMs No. 124 dated 07.03.2002. Paragraph VIII concerns itself with the procedure of selection of which sub-paragraph 4 is of relevance:
“4. The candidates will be selected and allotted to the Residential Educational Institutions Societies in Telangana State as per the option exercised and as per their rank in the merit list and as per zonal preference for allotment of candidates against available vacancies after verification of Certificates, Community and Category wise for the vacancies available as required.”
8. Thus, the candidates were duty bound to exercise their options and the allotment would accordingly be made as per their rank in the merit list, based upon zonal preference. In other words, no candidate will be considered to any other zone not opted for and therefore such consideration is confined among the ones preferred. For the sake of clarity, if a candidate could not get allotment in their first preferred zone for want of merit in the zone that they belong to, they shall be considered in the second preferred option.
9. Respondent nos.1 and 2 belong to Roster Point No.2 (Scheduled Caste
