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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Prl. Secy. , School Edn Dept. , Hyd – Appellant
Versus
Kerelly Rajender Reddy, Ranga Reddy – Respondent
ORDER :
(Per Hon’ble Sri Justice Laxmi Narayana Alishetty)
This writ petition is filed assailing the order dated 06.09.2011 in O.A.No.5419 of 2010 passed by the A.P. Administrative Tribunal at Hyderabad (for short, ‘Tribunal).
2. Heard the learned Government Pleader for Services-I appearing for petitioners and Sri. K.Suresh Reddy, learned senior counsel representing Sri B.Ramulu, learned counsel for respondent Nos.1 and 2 on record.
3. Brief facts that lead to filing of the present writ petition are that the erstwhile State of Andhra Pradesh had notified recruitment rules titled “The Andhra Pradesh Direct Recruitment of Teachers (Scheme of Selection) Rules, 2008” vide G.O.Ms.No.161 Education (Services-VI) Department, dated 06.12.2008. Pursuant to the said G.O., on 06.12.2008 the Director of School Education had issued Teachers Recruitment notification, popularly known as DSC-2008 for filling up of 79 vacant posts of School Assistants (Social Studies). Out of notified 79 posts, two posts were earmarked for Ex-Servicemen. The Government had issued G.O.Ms.No.112, Education Department, dated 06.10.2009, where under instructions and guidelines were issued for selection of above posts. Pursu
The court affirmed that if suitable Ex-servicemen candidates are unavailable, posts should be filled by the next meritorious OC (G) candidates, upholding the principles of merit in recruitment.
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
A Supreme Court judgment is generally applied prospectively and not retrospectively unless it is specifically stated otherwise.
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
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....
Unfilled reserved vacancies can be filled by general candidates post-amendment to the Act, shifting the burden of proof to the appointing authority.
The main legal point established in the judgment is the principle of migration from reserved category to open category based on merit, as mandated by Article 14 and Article 16(4) of the Constitution,....
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