IMPORTANT POINT
Qualifying marks in recruitment are class-specific, allowing candidates to progress in selection regardless of their category, as per Articles 14 and 16 of the Constitution.

JUDGMENT: (per Hon’ble Sri Justice G.Narendar)

Heard Sri J.Sudheer, learned counsel appearing on behalf of Sri S.Srinivasa Rao, learned counsel for the appellant; and Sri Nemali Pramod, learned Standing Counsel for the A.P.P.S.C., appearing for the 1st respondent; and learned Government Pleader for G.A.D., appearing for the 2nd respondent.

2. The contesting respondent is the Andhra Pradesh Public Service Commission being the selecting authority and the 2nd respondent-State is the appointing authority. The appellant is the petitioner and she is before this Court in this intra-Court Appeal being aggrieved by the order passed by the learned Single Judge, whereby the learned Single Judge was pleased to dismiss the Writ Petition.

3. The parties are referred to by their nomenclature before the learned Single Judge for the sake of convenience and brevity.

4. The brief and admitted facts that are necessary for the disposal of the Writ Appeal are as under:

5. The 1st respondent issued notification inviting applications for the post of Assistant Commissioner of Endowments in the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service. The notification bearing No.15/2018 came to be published on 21.12.2018 and pursuant to the notification, the petitioner submitted her application for the said post. The recruitment proposal was issued for the purpose of filling up vacancies in five posts both multi Zone-I and Zone-II and out of the said five posts, two posts were reserved for women in the open category, with one post for each Zone.

6. The petitioner is a Law Graduate and hails from the BC-D category. It is pertinent to note that no post amongst the five was reserved in favour of the aforesaid category or women hailing from the said category.

7. The notification stipulated the qualifying marks for Scheduled Castes and Scheduled Tribes and Physically Handicapped at 30%; for the B.Cs. at 35% and for the O.Cs. at 40%. For a better understanding of the qualifying marks, it is imperative and necessary and pertinent to look into the relevant clause published under the notification, as the entire controversy revolves on the interpretation placed on the same by the respondents. The same is found at the bottom of page.No.2 of the notification, which reads as under:

“MINIMUM QUALIFYING MARKS TO BE SECURED:

As per sub-rule (4) of Rule 6 of the Andhra Pradesh State Judicial Service Rules, 2007, the written examination is for 80 marks and the viva voce is for 20 marks. The minimum qualifying marks in the written examination for OC 40%, BC 35% and ST category is 30%. There are no minimum marks for the viva voce.”

8. Be that as it may, it is also necessary to go into the selection procedure for better appreciation of the case of the petitioner. The selection involved answering three papers by way of objective examination and 150 marks were allotted for each paper and 50 marks for the interview. After the completion of the written examination, the petitioner secured 158 marks out of the total, and in terms of percentage, she scored 37% i.e., more than the qualifying marks stipulated under the said condition of the notification.

9. It appears that the 1st respondent taking note of the fact that no posts were reserved for BC-D group, from which the petitioner hails, proceeded to interpret and hold that the petitioner, who was competing for the open category post, had failed to secure 40% qualifying marks, as stipulated above, and hence, omitted to call the petitioner for interview and thereby has not permitted her to further participate in the selection process i.e., the viva-voce and resulting in the petitioner approaching this Court.

10. It is the case of the petitioner that the denial of invitation to participate in the selection process or in other words the deliberate omission of the 1st respondent to permit the petitioner to participate in the selection process, is arbitrary and illegal; that the denial and that too without a proper orde