Point of Law;Service Law - Changing the criteria after completion of the selection process, when the entire selection was proceeded, was found to be illegal

ORDER :

1. Initially this writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“To declare the proceedings in ROC No.757/2019/A2 dated 08.09.2020 issued by the 3rd respondent as illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and further declare that the petitioner is entitled to be continued in service in the post of Ward Education & Data Processing Secretary in pursuance of his selection based on merit in the first list.”

2. Later, the prayer was amended by order of this Court in I.A.No.2 of 2020 dated 26.11.2020 by adding the words “and consequential proceedings in ROC No.757/2019/A2 dated 17.09.2020 issued by the fourth respondent”

3. Before commencement of argument in the writ petition, the petitioner also impleaded Respondent No.5/C. Sreevidya as party respondent No.5 to the writ petition, as per order in I.A.No.3 of 2020 dated 26.11.2020, since she is an affected party, in case the relief is granted.

4. The case of the petitioner in brief is that, the second respondent/Commissioner & Director of Municipal Administration had issued Notification No.04/2019 dated 26.07.2019 for 3,786 posts in 13 districts in the State, calling for applications for recruitment to the post of Ward Education & Data Processing Secretary in A.P. Municipal Ministerial Subordinate Services. A merit list of qualified candidates has been notified whereunder a total of 1,735 candidates were qualified in the written test. The petitioner’s name stands at Serial No.1455. After verification of the certificates, the fourth respondent has issued an order of appointment on 08.01.2020 in the name of the petitioner offering him appointment. Though the petitioner was issued the order of appointment on 08.01.2020, no posting order was issued for a period of 20 days and in the interregnum period, he was forced to submit an undertaking dated 22.01.2020 to the respondents that he will not raise any objection over the final merit list of candidates under the sports quota to be communicated by the Sports Authority of Andhra Pradesh and that he is liable to be terminated at any time without any prior notice and that he will not claim any seniority in the cadre of Ward Education & Data Processing Secretary, if his case is considered for promotion.

5. To the shock and surprise, a show cause notice dated 29.08.2020 was issued by the fourth respondent, stating that the District Collector & Chairman, GS/WS DSC, 2019 has approved and forwarded the meritorious sports candidates list of six (6) members and requested the Regional Director of Municipal Administration, Anantapuram to issue necessary appointment orders and to cancel the appointment orders of the petitioner. Therefore, he was directed to submit his explanation/representation within three days from the date of receipt of the show cause notice, as to why appointment order issued earlier shall not be terminated as per conditions specified in Condition (xv) (a,b,c) of the appointment order dated 08.01.2020, since he was not eligible for the post of Ward Education & Data Processing Secretary with reference to his merit under sports quota. On receipt of the same, the petitioner submitted his explanation on 02.09.2020. But, the impugned order in the present writ petition i.e. ROC No.757/2019/A2 dated 08.09.2020 was issued by the third respondent, cancelling the appointment of this petitioner, terminating him from services is now challenged as illegal and arbitrary on the following grounds:

(a) The qualifying marks of 40%, 35% and 30% are fixed for OC, BC and SC/ST respectively. But, only 1735 candidates were qualified in the written examination and the merit list was prepared. But, 15 marks were given to all the candidates who appeared for the examination, so also to fill the unfilled vacancies. The fifth respondent became eligible on account of addition of 15 marks to the original marks secured, being a meritorious sports woman.

(b) Addition o