Reserved category candidates with higher merit than general candidates are entitled to selection in open categories without impacting their quotas, maintaining the integrity of reservation principles.

JUDGMENT

RAVI NATH TILHARI, J. - Heard Sri N. Ravi Prasad, learned counsel for the petitioner in W.P.No.35726 of 2018 and Sri S. Satyanarayana Rao, learned counsel for the petitioner, in W.P.No.37037 of 2018. Smt Sumathi, learned Government Pleader for Social Welfare Department and Sri T. Balakrishna, learned standing counsel for Andhra Pradesh Public Service Commission, (in short, APPSC) in both the writ petitions.

2. In W.P.No.35726 of 2018 the memo of proof of service on the unofficial respondents 4 to 9 open competition category, selected candidates, securing lesser marks than the petitioners was filed. But, there is no representation for those respondents.

3. Both the writ petitions involve common question of law and are being decided by the common judgment. FACTS IN W.P.No.35726 OF 2018 - (PETITIONER S. VIJAY KUMAR):

4. The Andhra Pradesh Public Service Commission (in short, -APPSC?) issued notification No.55/2011 dtd. 28/12/2011 to fill up 57 posts of Hostel Welfare Officers, Grade-II (Group-IV) in Social Welfare and Tribal Welfare Department in Krishna District.

5. Three (3) posts out of 57 were reserved for Scheduled Caste candidates (S.Cs). The petitioner S. Vijaya Kumar applied and secured 203 marks (46th rank). He appeared for verification of the original documents on 19/6/2013, but in the final selection list, his name did not find place.

6. One candidate in this reserved category, namely N. Chandra Mohan (SC) secured 216 marks (12th rank).

7. The last selected candidate in General/Open Competition Category (OC) G. Pulla Reddy secured 211 marks (21st rank).

8. The petitioner stood at Sl.No.4 in the merit of SC candidate. The other two SC posts were filled by the candidates namely E. Maheswar Rao securing 210 marks (25th Rank), and G. Abbulu securing 204 marks (44th rank).

9. Learned counsel for the petitioner submitted that N. Chandra Mohan (SC) on his merit should have been selected and shifted to post in O.C. The petitioner then would have been selected based on his marks in S.C category.

10. The petitioner filed O.A.No.106 of 2016 which was dismissed by the A.P. Administrative Tribunal at Hyderabad (for short, -the Tribunal?) on 20/9/2018.

11. This petitioner has filed W.P.No.35726 of 2018 with the following prayer:-

-..........to issue an appropriate writ order or direction more particularly one in the nature of writ of certiorari by calling for records in O.A.No.106 of 2016 and declare the same as illegal arbitrary and unconstitutional and consequently set aside the order passed by the Hon'ble A.P.A.T in O.A.No.106 of 2016 dtd. 10/9/2018 and direct respondents 1 to 3 to select the petitioner in the post of Hostel Welfare Officer Grade-II in SC category as per notification No.55/2011 dtd. 28/12/2011 and to pass such other orders.?

FACTS IN W.P.No.37037 OF 2018 (PETITIONER ASURI SRINIVASA RAO):

12. Pursuant to the same notification, the petitioner of W.P.No.37037 of 2018 Asuri Srinivasa Rao, applied under the reserved category of B.C-D. Out of 57 posts, 3 were reserved for B.C-D. The petitioner secured 201 marks and was at Sl.No.4 of the merit of B.C-D.

13. In this reserved category one candidate namely Gollapally Srinivasa Rao (BC-D) secured 216 marks (13th) rank.

14. As aforesaid the last selected candidate in O.C, G. Pulla Reddy secured 211 marks.

15. Learned counsel for the petitioner submitted that the other two B.C-D selected