SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Online)(AP) 7199

HIGH COURT OF ANDHRA PRADESH
VENKATESWARLU NIMMAGADDA, J
V.HARI KRISHNA – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent


Judgement Key Points

The case involves a writ petition filed by the petitioner challenging the action of the respondents in not starting the roster point afresh and fixing the roster point for women and persons with disabilities (PwD) for the post of Assistant Conservator of Forests. The petitioner contends that the respondents' decision to continue the existing roster points from a previous cycle, rather than starting anew after the bifurcation of the state, is unconstitutional, arbitrary, and illegal, violating principles of equality and reservation laws (!) (!) .

The core issues in the case include whether the respondents correctly applied the reservation and roster principles following the bifurcation of Andhra Pradesh, specifically whether the roster points should have been reset from point one after the enactment of the Andhra Pradesh Reorganization Act, 2014, and whether the fixation of roster points for horizontal reservations (such as for women and PwD) was legally valid (!) (!) .

The law relating to this matter primarily concerns the principles of reservation and roster systems as laid down in the relevant state and subordinate service rules, along with constitutional provisions on equality and affirmative action. It distinguishes between vertical reservations (for categories like SC, ST, BC) and horizontal reservations (for women, PwD), emphasizing that horizontal reservations are to be implemented without reserving specific roster points, and instead, through a different procedure that ensures minimum representation without disrupting the merit-based system (!) (!) (!) (!) .

The court examined whether the existing roster system, which continued from a previous cycle, was appropriate after the state's bifurcation. It considered legal opinions, statutory rules, and judicial precedents, concluding that, due to the change in the unit of the state following bifurcation, the roster points should have been reset from the beginning, rather than continued from the previous cycle. The court found that the fixation of roster points for horizontal reservations (for women and PwD) by continuing the old roster points was unconstitutional and contrary to the principles of horizontal reservation, which cannot be implemented through fixed roster points (!) (!) (!) (!) .

The final order of the court was to set aside the impugned notification and direct the respondents to issue a fresh notification, starting the roster points afresh from the first point, in accordance with the applicable rules and principles. The court emphasized that the fixation of roster points for horizontal reservations in the manner done was illegal and that the process must be compliant with the constitutional and statutory framework governing reservations (!) (!) .

In conclusion, the court held that the respondents' action was unlawful and directed them to reissue the recruitment notification following the correct legal principles, starting the roster from point one, within a specified period. The writ petition was thus allowed, and the impugned notification was set aside (!) (!) .


ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“To issue Writ of Mandamus declaring the action of the Respondents in not starting the Roster point afresh and fixing roster point for women and PwD for the post of Assistant Conservator of Forests issued vide Notification No 4/2022 dated 18/4/2022 of the 2nd Respondent as unconstitutional arbitrary illegal unsustainable and violation of Articles 14, 19 and 21 of the Indian Constitution and consequently direct the Respondents to issue corrigendum to Annexure I of Notification No 4/2022 dated 18/4/2022 for the post of Assistant Conservator of forests by fixing the roster point afresh from Roster Point No.1 without any fixation of roster under horizontal reservation.

2. The brief facts of the case are that, the post of Assistant Conservator of Forests (ACF) falls under A.P Forest Service. The direct recruitment to the said post is conducted by the second respondent – A.P.P.S.C as per Andhra Pradesh Forest Service Rules, 1965 in consonance with the Rules issued by the Central Government.

3. The Government of composite State of Andhra Pradesh notified 15 vacancies for the po

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top