Back
2024 Supreme(Online)(SC) 2817
SUPREME COURT OF INDIA
THE TELANGANA RESIDENTIAL EDUCATIONAL INSTITUTIONS RECRUITMENT BOARD – Appellant
Versus
SALUVADI SUMALATHA – Respondent
C.A. No.-003849-003850 / 2024
Courts should be cautious and slow in dealing with recruitment processes and not interfere with the decisions of the selection committee unless there are limited grounds for interference.
Headnote:
Recruitment - Local Cadres - Merit List - Reservation - Court upheld the recruitment made in favor of respondent no. 2
Fact of the Case:
The case involved the recruitment of junior lecturers in Residential Educational Institutions Societies. The dispute arose over the application of local reservation and the merit list in the recruitment process.
Finding of the Court:
The Court found that the appellant had correctly followed the mandate of law in the recruitment process and set aside the impugned order passed by the Division Bench and the learned Single Judge of the Telangana High Court, thereby allowing the recruitment made in favor of respondent no. 2.
Issues: The main issue was the application of the 30:70 ratio for filling up the vacancies and the interpretation of the local reservation and merit list rules in the recruitment process.
Ratio Decidendi: The Court held that the amendment to the instructions in G.O.P No. 763 dated 15.11.1975, which mandated filling 30% of the posts with both locals and non-locals first, was not considered by the lower courts. The Court also emphasized the importance of courts being cautious and slow in dealing with recruitment processes and not interfering with the decisions of the selection committee unless there are limited grounds for interference.
Final Decision: The Court set aside the impugned order and allowed the recruitment made in favor of respondent no. 2.
M. M. Sundresh, J.
1. Leave granted.
2. By the impugned order, the Division Bench of the High Court of Telangana confirmed the decision of the Learned Single Judge by allowing the writ petition filed by respondent no.1, setting aside the recruitment made by the appellant in favour of respondent no.2 and ordered for redrawing of the merit list.
3. Heard learned senior counsel appearing for the parties.
Digitally signed by Indu Marwah Date: 2024.03.05 17:00:03 IST Reason:
- Signature Not Verified BRIEF FACTS
4. The Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 came into existence vide GOMs No. 674 dated 20.10.1975 in exercise of the powers conferred by Clauses (1) and (2) of Article 371D of the Constitution of India, 1950 upon the President of India. The aforesaid Government Order confers discretion to the State Government in respect of different departments and categories of posts to constitute committees for rendering adequate advice to it on the allotment of persons to State, Zonal and District cadres.
5. The Government of Andhra Pradesh issued instructions vide G.O.P No. 763 dated 15.11.1975 highlighting the methodology for filling up the vacancies. Annexure II of the said instructions which is relevant for the purpose of deciding the lis underwent an amendment vide GOMs No. 124 dated 07.03.2002 which reads as follows:
- “In the said Government, orders.
(1) In the Annexure-II (1) For paragraphs 3 and 4, the following shall be substituted, namely, “3: The Provisional list shall be divided into two parts. The first part shall comprise 30% of the posts consisting of combined merit lists of locals as well as non-locals and the remaining second part shall comprise the balance 70% of the posts consisting of locals only and the posts shall be filled duly following the rule of reservation.”
Thus, as per the amendment to instructions in G.O.P No. 763 dated 15.11.1975, 30% of the posts are to be filled up first on the basis of merit by both locals and non-locals constituting the first part, and the remaining 70% is to be filled up with local reservation, subject to Rule of Reservation as per the Roster Point.
6. Rule 22 of the Telangana State and Subordinate Service Rules, 1996 mandates that appointments shall be made in the order of rotation on the basis of a 100 Point Roster. The category of Scheduled Castes (Women) comes under Roster Point No.2.
7. The appellant being the recruitment agency issued a Notification No.
03/2018 dated 31.07.2018 inviting applications from eligible candidates for the recruitment to the post of junior lecturers in Residential Educational Institutions Societies. As per paragraph V sub-paragraph 4 of the said notification, the zonal and local reservations shall be followed as per paragraph 8 of Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 (GOM No. 674, dated 20.10.1975) read with GOMs No. 124 dated 07.03.2002. Paragraph VIII concerns itself with the procedure of selection of which sub-paragraph 4 is of relevance:
- “4. The candidates will be selected and allotted to the Residential Educational Institutions Societies in Telangana State as per the option exercised and as per their rank in the merit list and as per zonal preference for allotment of candidates against available vacancies after verification of Certificates, Community and Category wise for the vacancies available as required.”
8. Thus, the candidates were duty bound to exercise their options and the allotment would accordingly be made as per their rank in the merit list, based upon zonal preference. In other words, no candidate will be considered to any other zone not opted for and therefore such consideration is confined among the ones preferred. For the sake of clarity, if a candidate could not get allotment in their first preferred zone for want of merit in the zone that they belong to, they shall
