A. RAGHU, SON OF RAJAIAHversusGOVT. OF ANDHRA PRADESH & OTHERS

                      [2015) 14 S.C.R. 897


                 A. RAGHU, SON OF RAJAIAH                             A
                                 v..
         GOVT. OF AN DH RA PRADESH & OTHERS
                (Civil Appeal No. 5862 of 2007)
                                                                      B
                        MARCH 26, 2015
    [JAGDISH SINGH KHEHAR AND S. A. BOBDE, JJ.]
         Service Law- Seniority- lnter-se seniority- Cadre of
  Sub-Inspectors of Police, in the State of Andhra Pradesh -
  Bifurcation of candidates into two different trainee groups -       C
  Effect of - Consequent upon a selection process, the
  selected candidates were deputed for training in two batches
  - The training of the first batch commenced on 15. 7. 1991,
  whereas, the training of the second batch commenced on
  14.6.1992 - Some of those candidates, who commenced                 D
  their training on 14.6.1992 assailed the action of the
  authorities in not including their names in the seniority list
  dated 17. 1. 1996, wherein only the names of 58 candidates,
  who had joined training on 15. 7. 1991 were reflected- In fact,
  names of none of the candidates who had commenced                   E
  training on 14. 6. 1992 were reflected in the aforesaid seniority
  list- Issue pertaining to manner and method of determining
  seniority - Held: The selection process having been joint,
  and in furtherance of the same notification dated 22.1.1991
  (issued by the Recruitment Board), the candidates deputed           F -
  tci the two different courses of training (on 15. 7. 1991 and
  14.6.1992) were essentially candidates belonging to a
. singular batch, who were selected through a common process
  of selection - Those deputed for training in the two batches
  (of 15. 7.1991and14.6.1992), came to be so deputed, only            G
  because of their respective merit position in the selection
  process - This determination would be in clear breach of the
  proviso to rule 15, which postulates, that inter se seniority of
  Sub-Inspectors of. Police, is '!S?t to be determined in
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                               897
898       . SUPREME COURT REPORTS                 [2015] 14S.C.R.


A accordance with the merit list drawn up "at the time of their
    selection" -The seniority of candidates, who are selected from
    a common process of selection, is to be determined on the
    basis of the final aggregate marks obtained by them, during
    the course of their training, at the police training college(s) in
B the State of Andhra Pradesh - That being the mandate of
    the rule, for candidates who had participated in a common
    process of selection, irrespective of the dates on which they
    were deputed for training, their inter se seniority is liable to
    be determined, on the basis of the aggregate of marks
C · obtained by them, at the final examination at the concerned
    police training college - This interpretation placed on rule
    15 of the Service Rules, satisfies the underlying principle
    given effect to in the rule, namely, that the candidates
    appointed against the posts of Sub-Inspector of Police, were
o to be arranged in the seniority list, not on the basis of the
    marks obtained in the process of selection, but according to
    the aggregate marks obtained by them, at the culmination of
    the training processes - Andhra Pradesh Police (Civil)
    S1,1,bordinate Service Rules - r. 15.
E          CIVIL APPELLATE JURISDICTION: Civil Appeal No.
      5862 of 2007.
        From the Judgment and Order dated 08.02.2005 of the
   High Court of Andhra Pradesh at Hyderabad in W. P. No. 19328
 F of2004.
                                  WITH
          C. A. No. 6002-6005 of 2007.
        Anoop G Chaudhari, P. P. Rao, Sr.Advs., P. Vinay Kumar,
 G R. Chandra Shekar Reddy, K. Shivraj Chaudhuri, V. Maheswar
   Reddy, Prabhakar Pamam, Swamendu Chatterjee, Anil Kumar
   Tandale, S. Udaya Kumar Sagar, Krishna Kumar Singh, Guntur
   Prabhakar, Advs. for the appearing parties.

 H
   A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                     899
                         PRADESH

     The Judgment of the Court was delivered by                    A
      JAGDISH SINGH KHEHAR, J. 1. It is not a matter of
dispute, that the conditions of service including the manner
and method of determining seniority in the cadre of Sub-
Inspectors of Police, in the State of Andhra Pradesh, are
regulated by the Andhra Pradesh Police (Civil) Subordinate 8
Service Rules (hereinafter referred to as, the Service Rules),
notified on 26.8.1959, read with the Special Rules notified on
14.12.1990. Learned counsel for the rival parties are agreed,
that the issue of seniority (which is the pointed issue of dispute
between the rival parties in the present appeals), is to be C
determined under rule 15 of the said rules, which is extracted
hereunder:-
     "15. "Seniority:-(a) The seniority of a person in the class
     or category or grade shall, unless he has been reduced 0
     to lower rank as a punishment be determined by the date
     of his first appointment to such class or category or
     grade. If any portion of the service of such person does
     not count towards his probation under the General Rules
     his seniority shall be determined by the date of E
     commencement of his service which counts towards
     probation:
     Provided that in the case of Sub-Inspectors, Sub-
     Inspectors of Police (Intelligence) and Reserve Sub-
     Inspectors, the seniority inter se shall be fixed on F
     completion of training in the Police Training College or
     with theAndhra Pradesh Special Police, as the case may
     be, instead of at the time of selection in accordance with
     the list which shall be arranged in order of merit, which
     shall be determined in accordance with the aggregate G
     of marks obtained by each probationer-
     (i) in respect of his record in the Police Training College
     or with the Andhra Pradesh Special Police, as the case
     maybe; and            ·
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900   SUPREME COURT REPORTS                   [2015] 14 S.C.R.


A     (ii) at the final examination.
      In determining such order of merit, no account shall be
      taken of marks awarded to a probationer in any subject
      in which he has failed. But such seniority shall be liable
      to revision by the Deputy Inspector General of Police
 B    concerned if he considers it necessary, before
      completion of probation.
      This sub-rule shall not affect the seniority of any members
      of the service which may have been fixed expressly or
c     by implication before the 19th November, 1941 or any
      orders as to seniority which may have been passed by
      competent authority before the 19th November, 1941.
      Provided that in the case of directly recruited Sub-
      Inspectors of Police (Intelligence) the inter se seniority
 D    shall be fixed on completion of training the Police Training
      College/Andhra Pradesh Police Academy, instead of at
      the time of selection, in accordance with the list which
      shall be arranged in order of merit, which shall be
      determined in accordance with the aggregate of marks
 E    obtained by each probationer in the tests and
      examinations prescribed for them in the training modules
      conducted atthese Institutions.
      The seniority of the Sub-Inspectors of Police (Intelligence)
      appointed by transfer from among Sub-Inspectors of
 F    Police (Civil) or equivalent ranks of this service carrying
      the same scale of pay shall not be treated as first
      appointment but shall be determined with reference to
      the date of his seniority in the Class or Category from
      which he was transferred.
 G
      Provided also that the inter se seniority of the Sub-
      Inspectors selected from among the Reserve Sub-
      Inspectors of Armed Reserve and Andhra Pradesh
      Special Police Battalions by transfer shall be fixed in the
 H
A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                      901
    PRADESH [JAGDISH SINGH KHEHAR, J.]

 order of merit for each Range (Zone) separately based A
 on the aggregate marks obtained by them in the final
 examination conducted at Police Training College at the
 end of six months training. In determining such order of
 merit, the marks secured in the failed subjects need not
 be taken into account.                                   B
 (b) The appointing authority may, at the time of passing
 an order appointing two or more persons simultaneously
 to a class or category fix for any reason the order of
 preference among them; and where such order has been
 fixed, seniority shall be determined in accordance with C
 it.
 (c) The transfer of a person from one class or category
 of the service to another class or category carrying the
 same pay or scale of pay shall not be treated as first
                                                                 0
 appointment to the latter for purposes of seniority and
 the seniority of person so transferred shall be determined
 with reference to the date of his first appointment to class
 or category from which he was transferred. Where any
 difficulty or doubt arises in applying this sub-rule, seniority E
 shall be determined by the appointing authority.
  (d) Where a member of the service in any class, category
. or grade is reduced to a lower class, category or grade,
  he shall be placed at the top of the ladder unless the
  authority ordering such reduction directs that he shall take   F
  rank in such lower class, category or grade next below
  any special member thereof.
 (e) The seniority of qualified special policemen appointed
 by transfer as constables in this service shall be
 determined by the date of their first appointment in this G
 service for purposes of confirmation in vacancies in this
 service.


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902         SUPREME COURT REPORTS                     (2015] 14 S.C.R.


A           (f) The seniority of the Prohibition staff absorbed in this
            service shall be determined on the basis of their pay fixed
            with reference to Fundamental Rules 22 and 31, in the
            service:-
            Provided that the inter-se seniority of these at the same
 B          stage of the time scales of pay of the service will be
            determined by th~ dates on which they began to draw
            pay at that stage; and
            Provided further that no member of the Excise and
c           Prohibition Department will, on appointment to this
            service, be senior to any member of the service who has
            put in the same or more period of service than himself.
            In the case of members of such ranks in the Excise and
            Prohibition Department, the scales of pay of which
D           correspond to the scales of pay of the ranks of this
            service, the date of their first appointment in the Excise
            and Prohibition Department shall determine the
            seniority."
            Insofar as the above rule is concernea, the further
 E    admitted position is, that the inter se seniority between the
      rival parties is liable to be determined in terms of the first
      proviso to rule 15(a) extracted above.
            2. Before venturing into the determination of the inter se
 F    seniority between the rival parties, it is necessary in the first
      instance, to delineate the factual position. We shall accordingly
      hereinafter, in the first instance, narrate the factual position, as
      it emerges from the pleadings, as also, from the different orders
      appended to the instant batch of civil appeals.
 G         3. The Police Department of the State of Andhra Pradesh
      decided to fill up existing posts of Sub-Inspector of Police by
      way of direct recruitment. The Andhra Pradesh State Level
      Recruitment Board (hereinafter referred to as, the Recruitment
      Board) undertook the aforesaid exercise by issuing a
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   A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                      903
         PRADESH (JAGDISH SINGH KHEHAR, J.]

notification dated 22.1.1991. As per the said notification, 470 A
posts of Sub-Inspector, in 7 different zones were sought to be
filled up. The process of selection from amongst eligible
candidates, was to be based on a physical test followed by a
written test and an interview. Having concluded the aforesaid
selection process, lists of provisionally selected candidates B
were prepared on the basis of their inter se merit in the
selection process, for each of the 7 zones. While disposing of
the present controversy, we have chosen to pass a common
order, wherein we shall take into consideration the vacancies
sought to be filled up for Zone V (Warangal range). In this         c
behalf, it would be relevant to mention here, that the office of
the Director General & Inspector General of Police, Andhra
Pradesh, Hyderabad, issued a communication dated
11.4.1991/7.5.1991 indicating the names of provisionally
selected candidates for Zone V (Warangal range). A list of          o
candidates was attached to the aforesaid communication,
depicting the provisional list of selected candidates for the
above range. This list comprised of 38 names from the open
category, 5 names from the backward class 'Pl category, 7 .
names from the backward class 'B' category, 1 name from the E
backward class 'C' category, 5 names from the backward class
'D' category, 11 names from the scheduled castes category, 4
names from the scheduled tribes category, 2 names from the
ex-servicemen category, 6 nam~s from among the police
executives, 1 name from the ministerial service, and 1 name F
from amongst the sportsmen.
      4. On 12.7.1991, the afore-stated candidates were
directed to report for training. Only 58 of the selected
candidates, however, reported. for training. The rest of the
candidates did not join for a variety of reasons. It is not a       G
matter of dispute, that there are two police training colleges in
the State of Andhra Pradesh, and accordingly, the afore-stated
selected candidates were deputed for training to the said two
training colleges. The order dated 12.7.1991 vide which the
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904         SUPREME COURT REPORTS                  [2015] 14 S.C.R.


A  short-listed candidates were deputed for training reveals, that .
   the candidates were placed on probation from the date of
   joining the police training college(s). The training would
   continue for a period of nine months followed by practical
   training for one year and three months, including holding
 B independent charge of a police station for not less than nine
   months. The said tr~ining was to commence from 11;). 7.1991.
            5. All the 58 selected candi.dates except one Munuswamy,
      successfully completed their training. Insofar as Munuswamy
      is concerned, he did not participate in the examination at the
C     end of the training, due to personal reasons. Munuswamy was
      allowed to enroll himself for training along with a batch of
      candidates who were deputed for training on 14.6.1992.
      Munuswamy also completed his training with the said
      subsequent batch of candidates, in 1993.
D
          6. It is relevant to mention, that in the statutory provision
   regulating appointments against the cadre of Sub-Inspectors
   of Police, 50% of the posts are earmarked to be filled up by
   way of direct recruitment, 30% of the posts are to be filled up
 E by promotion from Head Constables, 7% from amongst police
   executives (hereinafter referred to as, PE) out of the
   Constables and Head Constables, 4% from police ministerial
   staff (hereinafter referred to, as PM), 2% from sportspersons
   (hereinafter referred to as, SP), not more than 5% by way of
 F transfer from Reserve Sub-Inspectors (from Armed Reserve/
   Andhra Pradesh Special Police) and 2% by way of
   appointment under special circumstances, on compassionate
   grounds.
         7. Original Application no. 29957 of 1991 came to be
 G filed before the Andhra Pradesh Administrative Tribunal at
   Hyderabad (hereinafter referred to as, the Administrative
   Tribunal), questioning the validity of the determination of the
   different quotas of recruitment in the aforementioned
   notification dated 22.1.1991. While determining the above
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   A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                  905   /

         PRADESH [JAGDISH SINGH KHEHAR, J.]

controversy, the Administrative Tribunal arrived at the A
conclusion, that except the quota 0f promotion from Head
Constables (30% ), by transfer of Reserve Sub-Inspectors of
Police (Armed Reserve/Andhra Pradesh Special Police) (5%)
and appointments under special circumstances on
compassionate grounds (2%), the remaining 3% quota has to B
be filled up by direct recruitment. The Administrative Tribunal
thereupon concluded, that the direct recruitment quota, had
been incorrectly determined for all the 7 zones, for which the
selection had been made (in furtherance of the notification
dated 22.1.1991 ). Accordingly, the Administrative Tribunal vide C
its order dated 30. 7 .1991, directed the authorities to
recalculate the vacancies under the PE, PM and SP quotas
for all the ranges, and to make appointment~ in furtherance of
the selection process initiated through the notification dated
22.1.1991.                                                       D
       8. In obedience to the aforesaid directions, after
recalculating the vacancies for PE, PM and SP quotas,
additional names of candidates were sent for training. These
candidates commenced their training on 14.6.1992. They
completed their training in 1993. It is pertinent to record here, E
that the candidate whose training was deferred, namely,
Munuswamy, and the candidates whose names were short-
listed for training in furtherance of the directions issued by the
Administrative Tribunal vide order dated 30. 7.1991 (passed ·
in Original Application no. 29957 of 1991 ), commenced the F
course of training simultaneously on 14.6.1992.
      9. We have recorded hereinabove, that out of the names
of ·candidates provisionally selected for Zone V (Warangal
range), only 58 candidates had reported for training. The State G
Government took a conscious decision to depute for purpose
of training, further candidates equal to the number of
candidates who did not join training. As such, 10 more
candidates who had participated in the process of selection,

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906         SUPREME COURT REPORTS                   [2015] 14 S.C.R.


A     initiated through the notification dated 22.1.1991, and were
      placed immediately below the selected candidates as per the
      first list (deputed for training vide letter dated 11.4.1991/
      7 .5.1991 ), were sent for training. These candidates were also
      sent for training to the two police training colleges in the State
 B    of Andhra Pradesh. These additional candidates also
      commenced training on 14.6.1992, i.e., in the same batch
      along with the aforementioned Munuswamy, as also, the
      candidates who came to be deputed in furtherance of the order
      passed by the Administrative Tribunal in Original Application
C     no. 29957 of 1991.
          10. The competent authority, namely, the Deputy
   Inspector General of Police, Warangal, vide a memorandum
   dated 17.1.1996, issued aseniority list of Sub-Inspectors of
   Police, Zone V (Warangal range). The said seniority list
 D included the names of the original 58 Sub-Inspectors of Police
   (out of the 80 selected for the said Zone), who had completed
   theirtraining in June, 1992. It is also necessary to reflect the
   negative position, namely, the abovementioned seniority list
   did not include the name of Munuswamy, who did not complete
 E the training along with the 58 candidates who had joined
   training in furtherance of their provisional selectio'n vide letter
   dated 11.4.1991/7.5.1991. The above seniority list also did
   not include the names of those selected and appointed in
   furtherance of the notification dated 22.1.1991, consequent
 F upon the determination of the Administrative Tribunal, that the
   quota of vacancies from PE, PM and SP, had wrongly been
   determined. The abovesai_d seniority list, did not include the
   names of those candidates, who had been selected in
   furtherance of the notification dated 22.1.1991, for the sole
 G reason, that some of the candidates who had been selected
   (and appointed), had failed to join the police training college(s)
   (in furtherance of their provisional selection, vi de letter dated
    11.4.1991/7.5.1991 ).

 H
    A. RAGHU, SON OF RAJAIAH v. GOVT: OF ANDHRA                907
         PRADESH [JAGDISH SINGH KHEHAR, J.]

       11. It is apparent from the factual position noticed A
 hereinabove, that consequent upon the selection process
 conducted in furtherance of the notification dated 22.1.1991,
 the selected candidates were deputed for training in two
 batches. The training of the first batch commenced on
.15.7.1991, whereas, the training of the second batch B
 commenced on 14.6.1992. Some of those candidates, who
 commenced their training on 14.6.1992, approached the
 Administrative Tribunal, by filing OriginalApplication no. 5165
 of 2002, assailing the action of the authorities in not including
 their names in the seniority list dated 17.1.1996,wherein only C
 the names of 58 candidates, who had joined training on
 15.7.1991 were reflected. In fact, names of none of the
 candidates who had commenced training on 14.6.1992 were
 reflected in the afores,aid seniority list. The Administrative
 Tribunal disposed of OriginalApplication no. 5165 of 2002 D
 vide an order dated 11.6.2002. The ultimate directions issued
 in the aforesaid order are beirig extracted hereunder:-
      "ln view of the matter, the applicants are directed to make
      a detailed representation to the Director General and
      Inspector General of Police putting forth their complete E
      case, and the Director General and Inspector General of
      Police is directed to dispose of the representation of the
      applicants preferably, before making promotions to the
      posts of Inspector of Police in Zone-IV."
       In obedience to the directions issued by the
                                                                F
Administrative Tribunal on 11.6.2002, those candidates, who
had been selected consequent upon the issuance of the
notification dated 22.1.1991, but had commenced their training
at the police training college(s) on 14.6.1992, submitted a
detailed representation wherein they asserted, that their names G
ought to have been interspersed with the candidates who had
comnienced their training with effect from 15.7.1991. The
above claim was premised on rule 15 (extracted at the

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908         SUPREME COURT REPORTS                 [2015) 14 S.C.R.


A     beginning of the instant judgment). The Director General &
      Inspector General of Police, on receipt of the representation,
      sought the following clarification from the Principal Secretary
      to the Government of Andhra Pradesh, vide letter dated
      21.1.2003:-
 B         "Whether the seniority of Sis (Civil) though selected on
           the notification for 1991 batch but appointed and
           underwent Basic Training during 1992 can be fixed
           alongwith 1991 batch of Sis (Civil) as they were selected
           as per t~e notification issued in the year 1991."
c
         A perusal of the clarification sought reveals, that the real
  intent behind seeking the aforesaid clarification was, whether
  the candidates selected in furtherance of the notification dated
  22.1.1991, were to be treated as can~idates belonging to a
0 single batch, or whether, they were to be treated as two batches,
  on the basis of the different dates of commencing training (the
  first batch on 15.7.1991, and the second batch on 14.6.1992).
  Simply stated, the question posed was whether the selected
  candidates (in furtherance of the notification dated 22.1.1991)
E were to be treated as a single batch for the year 1991. Or
  alternatively, they were to be treated as two batches, one of
  the year 1991 (i.e., in respect of candidates deputed fortraining
  on 15.7 .1991) and the second of the year 1992 (i.e.; in respect
  of candidates deputed for training on 14.6.1992). The
  Government of Andhra Pradesh issued a memorandum dated
F 17.3.2003, in compliance of the order dated 11.6.2002
  (passed by the Administrative Tribunal while disposing of
  Original Application no. 5165 of 2002), and in reply to the letter
  dated 21.1.2003 (issued by the Director General & Inspector
G General of Police,Andhra Pradesh, seeking clarification with
  reference to the inter se seniority of the parties in dispute).
  Vide its memorandum dated 17.3.2003, the State Government
  accepted delay at its hands, in not deputing the selected
  candidates from the PE, PM and SP quotas for training, due
H to a wrong calculation of the va~ncies. Having accepted delay
   A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                 909
         PRADESH [JAGDISH SINGH KHEHAR, J.]

at its own hands, the State Government was of the view, that A
the candidates sent for training belatedly (who had
commenced their training at the concerned police training
college with effect from 14.6.1992), were entitled to seniority
along with those deputed for training on 15. 7.1991. This,
according to the State Government, would have to be achieved B
by interspersing the candidates deputed for the training
courses on 15.7.1991 and 14.6.1992, by taking into
consideratiori the aggregate marks obtained by them, at the
end of their training at the police training college(s). It is,
therefore apparent, that the State Government accepted the c ·
contention of the candidates deputed·for training on 14.6.1992
(namely, the applicants who had approached the
Administrative Tribunal by filing Original Application no. 5165
of 2002). This position was adopted by the State Government
on account of the fact, that the candidates were selected o
through a common process (initiated by the Recruitment Board
vide notification dated 22.1.1991 ). •
       12. The claim of the candidates, whose names were
included in the list of provisionally selected candidates, issued
on 11.4.199117.5.1991 was, thattheywere higherin the merit E
list, vis-a-vis candidates who were .deputed for training on
14.6.1992, and as such, those deputed for training vide letter
dated 11.4.1991/7 .5.1991 should be treated as a batch
separate and distinct, from the batch of candidates who were
deputed for training on 14.6.1992. The 58 candidates, whose F
names were included in the letter dated 11.4.1991/7.5.1991, ·
and who were exclusively placed in the seniority list dated .
17 .1.1996, filed detailed objections to the determination
rendered by the State Government vide its order/memorandum
dated 17.3.2003. The State Government vide its order dated G
26.12.2003, rejected the objections filed by the candidates
deputed fortraining on ~5.7.1991. In sum and substance, the
claim of the candidates, who were deputed for training on
15.7.1991, that they should be placed en-masse above the
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                                                                •




910         SUPREME COURT REPORTS                 [2015] 14S.C.R.


A candidates deputed for training on 14.6.1992, in the seniority
  list, came to be rejected. Accordingly vide order dated
  13.9.2004, the State Government issued a memorandum
  concluding, that the candidates deputed for training on
  14.6.1992 were entitled to be interspersed in the seniority list,
B along with the candidates who were deputed for training on
  15. 7.1991. In sum and substance, the State Government
  concluded, that those selected in continuation of the notification
  dated 22.1.1991, by the Recruitment Board, were entitled to
  be depicted in a combined/common seniority list, prepared in
c consonance with rule 15 reproduced above.
         13. The different orders passed by the State Government
  referred to in the.foregoing two paragraphs, whereby it had
  concluded, that the candidates deputed for training on
  15.7.1991 were liable to be infused for purposes of seniority,
D with candidates deputed for training on 14.6.1992, were
  assailed by the former, through a bunch of original applications
  filed before the Administrative Tribunal. The afore-stated batch
  of original applications came to be dismissed by the
  Administrative Tribunal vide order dated 24.9.2004. The
E applicants before the Administrative Tribunal, therefore,
  approached the High Court of Judicature, Andhra Pradesh at
  Hyderabad (hereinafter referred to as, the High Court), by filing
  a series of writ petitions. The writ petitions came to be
  dismissed by the High Court by a common order dated
F 8.2.2005. The determination by the High Court in upholding
  the orders passed by the State Government, as also, the orders
  passed by the Administrative Tribunal, are subject matter of
  challenge in the instant batch of appeals. Since the issue,
  which is subject matter of challenge is common, we pr_opose
G to dispose of the same by a common order in the same
  fashion, as the controversy was determined originally by the
  Administrative Tribunal, and subsequently, by the High Court.
          14. The solitary issue that arises for consideration at our
      hands is, whether the candidates selected in furtherance of
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   A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                   911
        PRADESH [JAGDISH SINGH KHEHAR, J.]

the notification dated 22.1.1991, issued by the Recruitment A
Board, constitute one batch. Or whether, they constitute two
                        "
batches of candidates, based on the separate dates, when
they were deputed for training. The contention advanced at
the hands of the learned counsel for the appellants before this
Court was, that the selected candidates are liable to be treated B
as two batches of candidates. The first batch, according t<?
the appellants, was the batch of candidates deputed for training
on 15.7.1991. And the second batch, according to the.
 appellants, would comprise of candidates who were deputed
 for training on 14.6.1992.                                      C
       15. As against the challenge raised at the hands of the
appellants, through their learned counsel, it was the submission
of the learned counsel for the respondents, that only one
selection process was conducted in furtherance of the
notification dated 22.1.1991, by the Recruitment Board. Out D
of the same selection list, candidates were deputed for training
firstly on 15.7.1991 and thereafter, on 14.6.1992. It was the
submission of the learned counsel representing the private
respondents, and supported by the learned counsel
representing the State of Andhra Pradesh, that bifurcation of E
candidates into two different trainee groups, would not result
in their being described as two batches of candidates. The
submission was, that all these candidates having been selected
for appointment, in furtherance of a common selection process
conducted by the Recruitment Board, they were liable to be F
treated as a single batch of candidates.
     16. We will venture to determine the controversy in hand,
by adopting a three-step consideration process. We shall
thereupon record our conclusion,
                                                                 G
      Consideration. One:
      We shall, in the first instance, examine the seniority
position only with respect to Munuswamy. The name of
Munuswamy was included in the list of selected candidates
                                                                 H
                         .            .
912       SUPREME COURT REPORTS                   [2015) 14 S.C.R.


A issued by the Director General & Inspector General of Police,
  Andhra Pradesh, Hyderabad, vide lt:tter dated 11.4.1991/
  7.5.1991. It is not a matter of dispute, that the aforesaid
  Munuswamy was originally deputed for training at the police
  training college on 15.7.1991. Munuswamy, however, could
B not complete his training on account of the fact, that he did not
  p_articipate in the examination conducted at the end of the
  training, due to personal reasons. The aforesaid Munuswamy
  was allowed to complete his training, along with the batch of
  candidates deputed fortraining in the succeeding batch, on
c 14.6.1992. The above factual position, which was duly taken
  into consideration by the Administrative Tribunal, and by the
  High Court, was not disputed during the course of hearing
  before us. The question which arises for our consideration is,
  whether Munuswamy would be entitled to be included in the
o seniority list, along with the batch of candidates, with whom he
  was originally deputed for training on 15.7.1991, or with the
  batch of candidates who were deputed for training thereafter,
  on 14.6.1992. Having given our thoughtful consideration, and
  keeping in mind the basic principle underlying the relevant
E proviso to rule 15 (extracted at the beginning of this judgment),
  we are of the considered view, that the mandate for the
  determination of seniority under the aforesaid proviso is to
  the following effect. Firstly, inter se seniority of Sub-Inspectors
  of Police is not to be determined in accordance with the merit
F list drawn up, "at the time of their selection". And secondly,
  inter se seniority of Sub-Inspectors of Police has to be
  determined on the basis of "the aggregate of marks obtained
  by each probationer", "at the final examination" on the
  conclusion of their training, at the police training college(s).
G Insofar as the aforesaid Munuswamy is concerned, it is not
  open to the candidates deputed for training in the first instance
  to contend, that though Munuswamy's name was included in
  the list of provisionally selected candidates issued on
  11.4.1991 /7 .5.1991, his seniority ought to be determined along
H with the candidates deputed for training later. It is apparent,
    A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                    913
          PRADESH [JAGDISH SINGH KHEHAR, J.]

that insofar as the Munuswamy is concerned, since his name A
was included amongst the names of candidates provisionally
selected as Sub-Inspectors of Police vide letter dated
11.4.1991/7.5.1991, those deputed fortraining vide the same
letter (dated 11.4.1991/7.5.1991) can not be permitted to
contend, that his seniority cannot be determined alongwith B
them. The above mentioned course, suggested by the.learned
counsel for the appellants, is not open, because the same
would give primacy to something beyond the purview of the
proviso to the rule in question. We have no doubt in our mind,
that Munuswamy, must figure in the seniority list along with C
those deputed for training on 15. 7.1991, for the simple reason,
that his name existed in the list of names (including the
appellants), deputed fortraining vide letter dated 11.4.1991/
7 .5.1991. There can, therefore be no doubt whatsoever, that
insofar as Munuswamy is concerned, even though he                  o
completed his training in the course which commenced from
14.6.1992, his position in the inter se seniority list was bound
to be reflected alongwith those with whom he was deputed for
training, according to the aggregate of marks obtained by him,
on the compietion·of his training atthe police training college, E
in terms of rule 15.
      Consideration. Two:
       Insofar as this step is concerned, we shall exclusively
 take into consideration the manner of determination of seniority F
 of candidates appointed as Sub-lnsP.ectors of Police, against
 the vacancies belonging to the PE, PM and SP quotas,
·consequent upon the directions issued by the Administrative
 Tribunal, dated 30. 7 .1991 (while disposing of Original
 Application no. 29957 of 1991 ). In this behalf, it is relevant to G
 mention, that the-vacancies falling to each of the aforesaid
 quotas, was found to have been incorrectly determined by the
 State Government, while making appointments in furtherance
 ofthe notification dated 22.1.1991. The Administrative Tribunal

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914       SUPREME COURT REPORTS                  [2015] 14S.C.R.


A accordingly, directed the State Government, to re-calculate the
  strength of the said quotas, and to make appointments. It is
  not a matter of dispute, that consequent upon the determinatton
  of the Administrative Tribunal, the quotas with reference to the
  aforesaid cadres, which had wrongly been determined, for
B each of the zones, were re-calculated. The State Government
  on re-calculation of the vacancy position, with reference to the
  PE, PM and SP quotas, appointed candidates from the
  aforesaid quotas, out of the selection process conducted by
  the Recruitment Board, in furtherance of the notification dated
C 22.1.1991. Thereupon, they were deputed for training on
  14.6.1992. It is, therefore apparent, that had the quotas been.
  correctly determined by the State Government, these
  candidates would have been originally appointed along with
  others, when the letter dated 11.4.1991/7.5.1991 was issued
o by the Director General & Inspector General of Police, Andhra
  Pradesh, Hyderabad. In the above eventuality, they would have.
  been deputed for training in the very first instance on
  15. 7 .1991. For no fault of theirs, despite their selection in the
  same recruitment process, which was conducted i':J furtherance
E of the notification dated 22.1.1991, they were deputed for
  training on 14.6.1992. The delay in deputing the candidates
  belonging to PE, PM and SP quotas, squarely falls on the
  appointing authority, and not on the candidates who were
  subsequently deputed for training from the PE, PM and SP
F quotas. For exactly the same reason, as had been depicted
  under "Consideration, One" above, we are of the view, that
  those deputed for training against the PE, PM and SP quotas
  on 14.6.1992, being not in any manner responsible for their
  not having been deputed along with the originally selected
G candidates on 15.7 .1991, are liable to a fixation in the seniority
  list, in exactly the same manner as Munuswamy. This is liable
  to be done in terms of the mandate bf the relevant proviso to
  rule 15 aforementioned, by interspersing them along with those
  included in the original seniority list, by determining their
 H
    A. RAGHU, SON OF RAJAIAH v. GOVT. OF ANDHRA                     915
         PRADESH [JAGDISH SINGH KHEHAR, J.]

 position on the basis of the aggregate marks obtained by them,     A
 in the final-examination, at the conclusion of their training at
 the police training college(s).
       Consideration, Three:
         In "Consideration, One" and "Consideration, Two" above, B
  we have concluded, that even though the appointees in question
· were deputed for training on 14.6.1992, their seniority had to
  be determined alongwith the candidates who liad been
  deputed fortraining on 15.7.1991. We shall now endeavour
  to con.sider the manner of fixing inter se seniority of the c
  candidates, who were selected in the process of selection
  conducted in furtherance of the notification dated 22.1.1991,
   by the Recruitment Board, but had not been appointed on
  account of the fact, that they did not fall within the number of
  vacancies advertised. It is however relevant to notice, that 0
  after the issuance of the letter dated 11.4.1991/7.5.1991,
  whereby provisionally selected candidates were deputed for
  training to_ fill up _the advertised vacancies for the posts of Sub-
   Inspector of Police in all the 7 zones, it came to be realized,
  that all the provisionally selected candidates did not join tl)e E
  police training college(s) forthe said training. So far as Zone
  V (Warangal range) is concerned, only 58 candidates joine9
  training. At that very moment, it was open to the appointing
  authority to depute further candidates for training, out of those
  whose names fell immediately below the names of candidates
  deputed for training vide letter dated 11.4.1991/7.5.1991, F
  against the balance vacancies. The competent authority,
  however, delayed in deputing the names of these candidates.
  It eventually deputed these candidates for training on
  14.6.1992. From the factual position depicted hereinabove, G
  it is not possible for us to accept, that the candidates, who
  were deputed for training on 15. 7 .1991, and those deputed
  for training on 14.6.1992 to fulfill the deficiency, can -be
  described as two different batches. The selection process

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916         SUPREME COURT REPORTS                  (2015] 14 S.C.R.


A     having been joint, and in furtherance of the same notification
      dated 22.1.1991 (issued by the Recruitment Board), it is
      inevitable for us to conclude, that the candidates deputed to
      the two different courses of training (on 15. 7.1991 and
      14.6.1992) were essentially candidates belonging to a singular
B     batch, who were selected through a common process of
      selection. In fact, the instant inference, insofar as the issue of
      inter se seniority is concerned, is inevitable, as the dates on
      which the candidates were deputed for training, are
      inconsequential, so far as rule 15 is concerned. Rule 15 leaves
c     no room for any doubt, that even the merit position in the
      selection process is not to be taken into consideration, while ·
      determining the inter se seniority of candidates selected from
      a common process of selection. If we were to accept the
      contention advanced on behalf of the appellants, that those
D     deputed in the first batch should be placed above all those
      deputed in the second batch, we would necessarily be placing
      the selected candidates in two groups, based on their merit
      position in the selection process. Those deputed fortraining
      in the two batches (of 15.7.1991and14.6.1992), came to be
E     so de"puted, only because of their respective merit position in
      the selection process. This determination would be in clear
      breach of the proviso to rule 15, which postulates, that inter se
      seniority of Sub-Inspectors of Police, is not to be determined
      in accordance with the merit list drawn up "at the time of their
 F    selection''. The seniority of candidates, who are selected from
      a common process of selection, is to be determined on the
      basis of the final aggregate marks obtained by them, during
      the course of their training, at the police training college(s) in
      the State of Andhra Pradesh. That being the mandate of the
G     rule, we are of the considered view, that for candidates who
       had participated in a comn:ion process of selection, irrespective
      of the dates on which they were deputed for training, their inter
      se seniority is liable to be determined, on the basis of the
      aggregate of marks obtained by them, at the final examination
 H    at the concerned police training college. This interpretation
    A. RAGHU, SON OF RAJAIAl:l v. GOVT. OF ANDHRA                     917
         PRADESH [JAGDISH SINGH KHEHAR, J.]

placed by us on rule 15 of the Service Rules, satisfies the           A
underlying principle given effect to in the rule, namely, that the
candidates appointed against the posts of Sub-Inspector of
Police, were to be arranged in the seniority list, not on the basis
of the marks obtained in the process of selection, but according
to the aggregate marks obtained by them, at the culmination           B
of the training processes. Additionally, the instant interpretation
would result in a uniform determination of the three separate
considerations dealt with by us. It would be absurd to apply
one principle to Munuswamy, another principle to those
 selected and appointed in furtherance of the directions issued       C
 by the Administrative Tribunal on 30.7.1991 (in Original
Application no. 29957 of 1991 ), and a separate principle for
 determining seniority of candidates who were deputed for
training later, because some of the selected (and appointed)
candidates did not join training. This process of deputing            D
candidates for training, could have been adopted within a few
days, of the candidates not assuming training, at the police
training college(s) despite being required to do so. The
concerned .authorities delayed the matter, for about a year.
Neither is it possible for us to find fault with the concerned        E •
individuals deputed for training belatedly, nor is it possible for
us to interpret a simple and straightforward rule of seniority
differently, just because, candidates were deputed to the
training course belatedly.
      17. The view expressed by us upholds the order passed           F
by the State Government, and also affirms, the legal position
expressed by the Administrative Tribunal in its common order
dated 24.9.2004, as well as, in the impugned order dated
8.2.2005 passed by the High Court.
                                                              .G
        18. Insofar as the conclusions in the "Consideration,
 Three" recorded hereinabove are concerned, it would be
 relevant to mention here, that the learned counsel for the ·
·appellants, namely, the candidates who were deputed for
 training on 15.7.1991, had also vehemently contended, that
                                                               H
    918         SUPREME COURT REPORTS                 [2015] 14S.C.R.


    A     the first proviso to rule 15(a) would not be applicable to the
          facts and,ci°rcumstances of the present case, because the first
          proviso contemplates a joint training process, where those
          selected and appointed as Sub-Inspector of Police, are
          graded on the basis of their performance during a joinU
    B     common training process at the police training college. It was
          submitted, that it would be unfair and unreasonable to
          determine inter se seniority of candidates, on the basis of two
          different training processes, the first which had commenced
          on 15.7.1991, and the second which had commenced on
    c     14.6.1992.
            19. The submission noticed in the foregoing paragraph,
      seems to be attractive on first blush. Learned counsel for the
      respondent-State however pointed out, that those selected
      provisionally (vide letter dated 11.4.1991/7.5.1991 ), and who
    D were deputed for training on 15.7.1991, had been sent to
      undergo training, to two different police training colleges, in
      the State of Andhra Pradesh. If the submission advanced at
      the hands of the learned counsel for the appellants was to be
      accepted, according to learned counsel for the State
•   E Government, even the seniority position of the 58 candidates,
      who had joined training on 15.7.1991, having been selected
      in Zone-V (Warangal range), could not be validly determined,
      forthe simple reason, that they had undertaken training at two
      different police training colleges. According to learned State
    F counsel, candidates who were deputed for training
      subsequently; on 14.6.1992, were also deputed to the same
      two police training colleges, in the State of Andhra Pradesh,
      the curricula forthe police training colleges, and the standard
      prescribed being the same, just as the manner in which the
    G candidates deputed for training to the two different police
      training colleges, could be compared with one another on the
      basis of the aggregate marks obtained by them, for fixing their
      position in the seniority list, so also, those deputed for training
      on different dates (on 15.7.1991 and 14.6.1992) could likewise
     H
    A. RAGHU, SON OF RAJAIAHv. GOVT. OFANDHRA                         919
         PRADESH [JAGDISH SINGH KHEHAR, J.]

  be compared with one another on the basis of the aggregate          A
  marks obtained by them, in the final examination of their police
  training. We find merit in the submissions advanced by the
  learned counsel representing the State of Andhra Pradesh.
  For the above reason, it is not possible for us, to accept the
  above noticed contention, advanced atthe hands of the learned       B
· counsel for the appellants.
       20. During the course of hearing, some judgments were
 cited at the Bar, to support the cause of the appellants, and
 that of the private respondents. The judgments cited pertain
 to the particular rule of seniority, which was subject matter of     C
 consideration. None of the seniority rules which were taken
 into consideration is akin to rule 15 which is to be applied for
 determining the inter se seniority of Sub-Inspectors of Police,
 in the present case. Since the validity of rule 15
 aforementioned, is not a subject matter of challenge, we have
 ventured to interpret the same, in consonance with the mandate
 and intent thereof. We would not like to burden this judgment,
 with the judgments cited at the Bar, by the rival parties.
      21. For the reasons recorded hereinabove, we find no
 merit in the instant civil appeals. The same are accordingly
 dismissed.


 Bibhuti Bhushan Bose                            Appeals dismissed.