R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS
- Citation
- 1994 INSC 551
- Decided
- 24 November 1994
- Disposal
- Dismissed
Holding
When local candidates of a reserved group are unavailable, candidates from other zones belonging to that group may be treated as non‑local and appointed on the basis of merit, subject to the object of reservation.
Summary
The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. The respondents contended that appointments had been made to other categories (BC‑B) and that the existing orders should stand. The Supreme Court examined the object of reservation, which is to ensure adequate representation of the reserved group in proportion to the roster, and considered whether a procedural rule could be laid down for future cases. The Court held that, although it would not disturb the specific orders appealed against, it is necessary to evolve a principle that, in the absence of local candidates of the reserved group, candidates from other zones belonging to that group may be treated as non‑local and appointed based on higher marks. The Court emphasized that the same approach could apply to Scheduled Caste and Scheduled Tribe candidates after limited recruitment. Consequently, the appeals were dismissed without costs.
Issues considered
- Whether, when local candidates belonging to a reserved group are unavailable, the government and Public Service Commission may consider candidates from other zones as non‑local for appointment.
- Whether the court can lay down a procedural principle for future appointments in such circumstances.
Subjects
Judgment
A R.R. KULASEKHARAN
v.
A.P.P.S. COMMISSION AND ORS
NOVEMBER 24, 1994
B [K. RAMASWAMY AND N. VENKA TACHALA, JJ.]
Service Law:
Appointment-Reservation-Non-<ivailabi/ity of local candidates
belonging to particular reserved grou~Option to be given to persons
C belonging to that particular group from other zones.
On the question of the procedure to be adopted in the matter and
appointment of particular reserved group when such local candidates
are not available, this Court
D HELD: With a view to give effect to the object of reservation and
filling of the posts from the candidates belonging to the particular
group, it would be necessary in future to evolve the principle i.e. in case
a local candidate belonging to the particular reserved group is not
available, the Government and the PSC should give option to the
candidates belonging to that particular group from other Zones to
E claim consideration of their cases as non-local candidates and in that
event the person/persons securing higher marks could be considered in
the order of merit and appointments be made. This principle, if
adopted, will give effect to the object of giving adequate representation
in the service to the particular group in the proportion contained in the
roaster. Equally in case of Scheduled Caste and Scheduled Tribe
F candidates, even after resorting to limited reeruitment, if local
candidates are not available, the above procedure could be adopted, so
that, adequate representation to them also could be given. (89 E to H]
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 9250-51 of
1994.
G
From the Judgment and Order dated 3.5.93 of the Andhra Pradesh
Administrative Tribunal at Hyderabad in 0.A. Nos. 47322/91 and 5668 of
1992.
K. Madhava Reddy, D. Prakash Reddy, Mrs. Rani Chhabra (N.P.) for
H the Appellant.
88
R.R. KULASEKHARAN v. A.P.P.S. COMMISSION 89
V.R. Reddy, Additional Solicitor General, T.V.S.N. Chari, Nikhil A
Nayyar and G. Prabhakar for the Respondents.
The following Order of the Court was delivered:
Leave granted.
B
We have heard the counsel on both sides.
Pursuant to our direction dated 21.4.1994, the Secretary, Public Service
Commission and also the Chief Conservator of Forests, Govt. of A.P. have
stated in their affidavits that in Zone-V only two vacancies were available
for BC-A category out of roaster points from 52 to 78. Admittedly, the
candidates who were appointed have secured higher marks than the C
petitioner. It is also stated by the Secretary, Public Service Commission that
among BC-A category there are candidates who had secured more marks
than the petitioner. Therefore, direction cannot be given to consider his case
in any event for Zone-V.
- Shri Madhava Reddy, ·the learned senior counsel seeks to contend that
in Zone-IV instead of allotting the post reserved for BC-A from other zones
as non-locals, candidates belonging to BC-B were selected and were
appointed. The option should have been given to the other BC-A candidates
D
for selection as non-locals to any other zones to which required group from
the local candidates were not available instead of selecting the candidates E
from other groups· of local candidates. Though we find force in the
contention, since the candidates selected for Zone-IV from BC-B were
appoiriied and they have been functioning, we cannot accede to it.
However, we are of the opinion that with a view to give effect to the object
of reservation and filling of the posts from the candidates belonging to the
particular group, it would be necessary in future to evolve the above F
principle i.e. in case a local candidate belonging to the particular reserved
group is not available, the Government and the PSC should give option to
the candidates belonging to that particular group from other Zones to claim
consideration of their cases as non-local candidates and in that event the
person/persons securing higher marks could be considered in the order of
merit and appointments be made. This principle, if adopted, will give effect G
to the object of giving adequate representation in the service to the
particular group in the proportion contained the roaster. Equally in case of
Scheduled Caste and Scheduled Tribe candidates, even after resorting to
limited recruitment, if local candidates are not available, the above
procedure could be adopted, so that, adequate representation to them also H
could be given.
90 SUPREME COURT REPORTS [1994) SUPP. 6 S.C.R
A On the facts of this case, we do not propose to interfere with 'the orders
under appeal at this · distance of time. The appeals. are . accordingly:----:-
dismissed. No costs.
G.N. Appeals dismissed.
.
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