J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.
- Citation
- 1996 INSC 573
- Decided
- 23 April 1996
- Disposal
- Dismissed
Holding
The petitioner was eligible for the 5% weightage, but since the selection and appointments were already finalized, no relief could be granted.
Summary
J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner had applied for the post of Assistant Excise Superintendent, Group I Service, through direct recruitment and argued that the weightage was applicable to all candidates possessing NCC qualification, irrespective of the recruitment mode. The Supreme Court examined whether the rule indeed conferred such a benefit and whether the tribunal erred in rejecting the petition. It held that the petitioner was eligible for the weightage but observed that the selection process had already concluded and appointments were made, rendering any retroactive benefit impracticable. Consequently, the Court dismissed the Special Leave Petition, granting no relief to the petitioner.
Issues considered
- Whether Rule 4 of the Andhra Pradesh Excise Service Rules, as amended by G.O. Ms. No. 1136, entitles an NCC‑qualified candidate to a 5% weightage in marks for direct recruitment to Group I Service.
- Whether the Andhra Pradesh Administrative Tribunal erred in dismissing the petition of the NCC‑qualified candidate.
- Whether relief can be granted after the selection process has been completed and appointments have been made.
Subjects
Judgment
J. ASH OK KUMAR A
v.
STATE OF ANDHRA PRADESH AND ORS.
FEBRUARY 23, 1996
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] B
Se1vice Law :
A.P. Excise Se1vice Rules.
Selection to Group I Se1vice-Direct recmitment-Assistant Excise Su-
pelintendent-Weightage of 5% marks to N. C. C. candidates-A candidate
with NCC qualification not given the weightage-Tlibunal dismissing his C
petition-Held, the candidate eligible and should have been given the
weightage-However since the selection is already over and appointments
made, relief not given to the petitioner.
CIVIL APPELLATE JURISDICTION : Special Leave to Appeal
(C) No. 1492 of 1994. D
From the judgment and Order dated 2.8.93 of the Andhra Pradesh
Administrative Tribunal, in O.A. No. 17698 of 1991.
L.N. Rao and R.P. Singh for the Petitioners.
The following Order of the Court was delivered :
E
Mr. L.N. Rao, learned counsel appearing for the petitioner contends
"that under G.O. Ms. No. 1136, dated September 13, 1986 rule 4 of the AP.
Excise Service Rules was amended given weightage of 5% of the marks for
selection to an NCC candidate and that the petitioner had appeared for p
the post of Assistant Excise Superintendent, Group I Service, by direct
recruitment. He should have been given weightage of 5% marks and the
Tribunal was unjustified in dismissing his petition. We find force in his
contention. Any candidate appeared for the selection even for direct
recruitment would be eligible to be considered for the weightage provided
to candidate having NCC qualification. But since the selection has already G
been over and candidates were selected and appointed, we cannot give the
benefit to the petitioner.
The Special Leave Petition is accordingly dismissed.
G.N. Petition dismissed. H
1035
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