This group of writ petitions is filed against the common order dated 30.9.2011 in O.A. No.5695 of 2009 and batch passed by the Andhra Pradesh Administrative Tribunal. The cases, as per the ratio in L. Chandra Kumar v Union of India (AIR 1997 SC 1125) were heard by a Division Bench of this Court and the judgment was delivered on 27.2.2012. The two learned Judges constituting the Bench delivered two separate opinions; one learned Judge upheld the impugned order of the tribunal and the other learned Judge reversed the same. The matter is therefore listed before this Court.

Brief fact of the matter

The following short fact of the matter is not in dispute. Andhra Pradesh Public Service Commission (the Commission) issued a brief notification dated 30.12.2008 inviting applications online on Commission website for 217 vacancies of Assistant Motor Vehicle Inspectors (AMVIs) in Andhra Pradesh Transport Subordinate Service governed by the Special Rules of similar title. This one being Notification No.45 of 2008 informs that the detailed notification with (i) break-up of vacancies, (ii) scale of pay, (iii) age, (iv) community, (v) educational qualifications, and (vi) other instructions. It states that the prescribed application proforma will be available on Commission’s website www.appsc.gov.in on 13.4.2009 and that the desirous eligible candidates may apply online before 30.04.2009. For ready reference the relevant portions in the brief notification are quoted below.

Applications are invited On-line through the proforma Application available on Website (www.appsc.gov.in) from 13/04/2009 to 30/04/2009 for recruitment to the post of Assistant Motor Vehicle Inspectors in A.P. Transport Subordinate Services. … Detailed Notification with breakup of vacancies, scale of pay, age, community, Educational Qualifications and other instructions along with prescribed Application proforma may be viewed at Website (www.appsc.gov.in). After filling the necessary details, the application form along with chalan will be generated in downloadable/printable PDF. Candidates are required to take printout of the online application along with the chalan which may be retained with the candidates for reference. Through chalan form candidates are required to pay the amount indicated in the chalan in any branch of State Bank of India across the counter. … Detailed Notification along with proforma application will be available at Website (www.appsc.gov.in) from 13.04.2009.

Three months thereafter, on 13.4.2009, the Commission released the detailed notification containing 10 pages on its website giving all the details including the breakup of vacancies zone-wise for reserved categories and open competition in Annexure-I. The proforma application in two pages was also made available on the website only on 13.4.2009.

The detailed notification has 12 paragraphs. Paragraph 1 invites applications online in the proforma giving the number of vacancies, age, qualifications, scale of pay and the essential formalities like payment of process/examination fee, the certificates to be enclosed etc. Paragraph 8 contains instructions as to the method of applying by a candidate. As per paragraph 8(a)(iv) in written/typed/photocopied/outside printed application forms will not be accepted and are liable for rejection. Para 1 also contains a note of important legal provisions governing the recruitment process and Note-2 thereof is to the effect that the recruitment process shall be in accordance with the Special Rules/Ad hoc rules governing the recruitment including the Rules issued vide G.O.Ms.No.71, dated 19.2.2009. Note-2 makes it clear that those Rules which were issued/promulgated on 19.2.2009 will apply to the recruitment. Paragraphs 2, 3 and 4 deal with educational qualifications, age and payment of fee. As per para 5, there shall be written examination (objective type) followed by interview for those who qualified as per the rules and the candidates in the ratio of 1