Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL AT HYDERABAD
O.A.No.161/2007 with VMA No.197/2007, O.A.No.238/2007 with VMA No.198/2007,
O.A.No.239/2007 with VMA No.199/2007, O.A.No.453/2007, O.A.No.509/2007,
O.A.No.3145/2006, O.A.No.5393/2006, O.A.No.94/2007
D.D. 22.6.2007
The Hon’ble Mr. S.Anwar, Vice Chairman &
The Hon’ble Mr. Koka Satyanarayana Rao, Member (judl.)
Y.Ramakrishna & Ors. ... Applicant
Vs.
The A.P.P.S.C. & Ors. ... Respondents
Recruitment of Group-I Services, Advertisement No.21/2003
Two unfilled BC-D vacancies of the earlier recruitment were carried forward to the next recruitment
and filled in by the meritorious candidates since they are placed above the candidates selected in the
current recruitment – The A.P.A.T. held that these candidates being meritorious they should be treated
and selected as O.C. candidates and two other BC-D candidates lower in merit should be selected in
those vacancies.
Held:
The reserved category candidate who gets selected on the basis of his own merit in the open
competition will not be counted against the quota reserved for that category and he will be treated as
open competition candidate. [Indra Sawhney Vs. Union of India, 1992 – AIR 1993 SC 477].
Cases referred:
(1996) 3 SCC 253 - Ritesh R.Shah Vs. Dr. Y.L.Yamul and Others
(1999) 3 SC 696 – Virender S.Hooda and Others vs. State of Haryana and another
(2003) 5 SCC 604 - Bimlesh Tanswar vs. State of Haryana and Others
Koka Satyanarayana Rao (Judl.Member)
Andhra Pradesh PSC
ORDER
In OA No.161/2007 the applicant prayed for the following relief:
“..... to call for the records relating to and connected with the selections made
by the Andhra Pradesh Public Service Commission in pursuant to Notification No.21/
2003 and Supplementary Notification No.6/2004 to make recruitment to Group-I Services
of the State of Andhra Pradesh and to declare the decision of APPSC not filling up all
vacancies of Mandal Parishad Development Officer reserved to BC(D) (General) category
as illegal, arbitrary, discriminatory and unconstitutional and consequently direct the 1 st
respondent to consider the applicant for appointment to the post of Mandal Parishad