Andhra Pradesh High Court
Judges : GODA RAGHURAM
Raji Reddy - Appellant
Versus
APSRTC - Respondent
Decided On : 04-08-03
Andhra Pradesh Public employment (Organization of Local Cadres and Regulation of Direct Recruitment) order, 1975 - Andhra Pradesh State Road Transport Corporation employees (Recruitment) Regulations, 1966 - Regulation 8 (1) - constitution of India,1950 - Article 16 (3) - Anticipated posts - Recruitment to posts - Petitioners in substance seek a declaration that action of respondents in not following procedure while initiating recruitment to posts of conductors Drivers and not following Presidential Order considering rule of Reservation as between locals and non-locals is illegal and arbitrary and for a declaration that notification of respondent-Corporation published in the daily press is illegal and arbitrary -Held, It is clear that neither respondent-Corporation nor State of Andhra Pradesh has competence to prescribe a qualification of residence in a part of state as a condition precedent for appointment to a public office in State - In petitioners are entitled to compete for post of conductors Drivers and notified for any region in any part of state by A. P. S. R. T. C. Consequent on position - If they have applied their applications shall be considered on merits and respondent-Corporation shall not decline consideration of their applications on ground that they are not locals of region or district in which vacancies notified for recruitment arise - Writ petition allowed
( 1 ) LEARNED Counsel for the petitioners; Mr. K. Harinath, learned standing Counsel for the 1st respondent and the learned Government pleader for GAD for the 2nd respondent. The learned Additional Advocate-General mr. D. Prakash Reddy assisted the Court at request.
( 2 ) THE petitioners, in substance, seek a declaration that the action of the respondents in not following the procedure while initiating recruitment to the posts of conductors, Drivers and Shramiks (Cleaners); and not following the Presidential Order, 1974 (for short order, 1974 ) or considering the rule of Reservation therein as between the locals and non-locals is illegal and arbitrary; and for a declaration that the notification of the respondent-Corporation dated 5-10-1999 published in the daily press is illegal and arbitrary.
( 3 ) THE petitioners are unemployed persons belonging to Nalgonda district, temporarily residing at Hyderabad. The 1st respondent-Corporation issued a notification dated 5-10-1999 inviting applications for filling up the anticipated posts of Drivers and Conductors, both in Hyderabad city region and Ranga Reddy region and for shramiks (Cleaners) in Hyderabad city region only. Earlier, the respondent-Corporation issued a notification dated 29-3-1997 published on 31-3-1997 in Eenadu Telugu daily calling applications for recruitment to the posts of Conductors and Drivers in hyderabad city region.
( 4 ) IN para-6 of the notification dated 29-3-1997, it was stated that persons residing in Hyderabad district, who are eligible and interested, could apply. The petitioners applied pursuant to the said notification and were not issued call letters for the interviews commencing from 5-1-1998. Call letters were issued only to certain candidates, who applied for the posts. The petitioners did not receive such call letters. When they made enquiries, they were informed that they were not issued call letters as they were not locals, though residing in hyderabad. Thereafter, another notification was issued on 5-4-1997 in Vartha daily extending the benefits to the residents of neighbouring districts i. e. , persons belonging to Ranga Reddy district were also treated as eligible to apply to the posts of Drivers and conductors.
( 5 ) AS they were not called for interviews on the stated reason that they did not belong to Hyderabad district, the petitioners filed W. P. Nos. 27132 of 1998 and 32950 of 1998. At the hearing of these writ petitions, having noticed that the individuals, who were already selected, have not been impleaded, the petitioners have withdrawn the writ petitions with leave to file writ petitions afresh.
( 6 ) THEREAFTER another notification dated 5-10-1999 was issued by the respondent-Corporation notifying the posts both in hyderabad City Region and Ranga Reddy region. The vacancies of about 1000 posts of drivers and Conductors each and 88 posts of Shramiks in Hyderabad City region, were enumerated in the notification. Having been deprived of selection pursuant to the 1997 notification on the ground that they were not the locals belonging to Hyderabad city region, apprehending supersession of their claims in the present recruitment also, the petitioners have instituted this writ petition seeking appropriate relief.
( 7 ) ON behalf of the 1st respondent, two counter-affidavits have been filed, one by the Chief Law Officer and another by the vice-Chairman and Managing Director.
( 8 ) THE counter-affidavit of the Chief law Officer states that pursuant to the request made to the Corporate Office, vacancies were notified calling for applications from the candidates hailing from the particular district in which recruitment was to be made. The counter proceeds to state that having regard to the fact that the jurisdiction of the Hyderabad city region of the A. P. S. R. T. C. , spread to Ranga Reddy region the candidates belonging to Ranga Reddy district were also permitted to apply for the posts. The counter-affidavit also adm
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