Andhra Pradesh Public Service Commission vs. Kota Lingeswara Rao: Supreme Court Clarifies Recruitment Rules

The case of Andhra Pradesh Public Service Commission vs. Kota Lingeswara Rao & Others revolved around a dispute regarding the interpretation of the Andhra Pradesh Public Service Commission (APPSC) Rules of Procedure. The Supreme Court had to determine whether a candidate who was next in the merit list could claim appointment after a selected candidate failed to join the post.

Background of the Case

The Andhra Pradesh Public Service Commission (APPSC) conducted a recruitment process for the post of Junior Lecturer in Mathematics. The results were published on 03.12.2011. Respondent No. 1, Kota Lingeswara Rao, belonged to the Open Category (OC) and had secured 380.50 marks. However, the last selected candidate in the OC category, G.V. Ramakrishna Sagar, had secured 393.00 marks and was declared selected.

Despite being on the merit list, Respondent No. 1 was not selected as he had a lower score than the cut-off. The selection was finalized and sent to the Unit Officers on 04.09.2012. However, the last selected candidate, Mr. Ramakrishna Sagar, did not join the post.

After waiting for four years, Respondent No. 1 approached the Andhra Pradesh Administrative Tribunal on 02.08.2016, claiming that he should be appointed to the vacancy created due to the non-joining of the selected candidate. The Tribunal dismissed the application on the ground of delay and laches.

Aggrieved by the decision, Respondent No. 1 approached the High Court by filing a writ petition. The High Court ruled in his favor, directing the APPSC to appoint him to the vacant post.

Legal Issues Before the Supreme Court

Whether the APPSC was obligated to appoint the next candidate in line when a selected candidate failed to join.
Whether the interpretation of Rule 6 (amended) and Rule 7 of the APPSC Rules justified such an appointment.
Whether the High Court was correct in ordering the appointment despite the delay.

Arguments by the Appellant (APPSC)

The recruitment process must follow the amended Rule 6 of the APPSC Rules, which does not allow for waiting lists beyond the notified vacancies.
Since the last selected candidate did not join, the vacancy should be carried forward to the next recruitment cycle, as per Rule 6.
The writ petition was filed after an unreasonable delay of four years.

Arguments by the Respondent (Kota Lingeswara Rao)

Since he was next in the merit list, he had a legitimate expectation of being appointed if a vacancy arose.
The selection process should not be restarted when a vacancy already existed.
The High Court correctly interpreted the rules in favor of filling the vacancy without waiting for the next recruitment.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the APPSC, setting aside the High Court’s decision.

The Court analyzed the relevant rules:

Unamended Rule 6: Stated that the ranking list would remain valid for one year, allowing replacements for candidates who relinquished their selection.
Amended Rule 6: Removed the provision for waiting lists, specifying that vacancies due to non-joining must be notified in the next recruitment.
Rule 7: Allowed a relinquishing candidate’s name to be removed and a replacement to be selected as per the rules in force.

The Court observed:

“The amendment to Rule 6 makes it clear that vacancies arising due to non-joining must be carried forward to the next recruitment. The system of waiting lists and direct replacements no longer exists under the new framework.”

Additionally, the Court found that Rule 7 was deleted in 2016 to avoid confusion in the selection process. The Court emphasized:

“Since Rule 6 was amended long before the recruitment process began, Respondent No. 1 cannot claim a right based on the previous rules. The High Court erred in disregarding the amended rule.”

Final Decision

The Supreme Court allowed the appeal, overturning the High Court’s order.
Respondent No. 1 was not entitled to appointment based on the amended Rule 6.
The vacant post must be notified in the next recruitment cycle.

Key Takeaways from the Judgment

The APPSC cannot appoint candidates from an expired merit list when a selected candidate fails to join.
Recruitment must strictly adhere to the rules in force at the time of selection.
Vacancies due to non-joining must be filled in subsequent recruitment cycles.
The ruling ensures clarity and consistency in government job recruitments.

This judgment reinforces the importance of following recruitment rules strictly and clarifies that a candidate’s claim to a vacancy must be supported by existing legal provisions.

Petitioner Name: Andhra Pradesh Public Service Commission.
Respondent Name: Kota Lingeswara Rao & Others.
Judgment By: Justice Mohan M. Shantanagoudar, Justice K. M. Joseph.
Place Of Incident: Andhra Pradesh.
Judgment Date: 11-12-2019.

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