A.P. PUBLIC SERVICE COMMISSIONversusK. SUDHARSHAN REDDY AND ORS.

A                    A.P. PUBLIC SERVICE COMMISSION
                                         v.
                     K. SVDHARSHAN REDDY AND ORS.

                                  JULY 4, 2006

B           [DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.]


         Service Law:

         Government Orders-Granting 5% weightage marks to Telugu medium
C students-Appointments made on the strength of weightage-Challenge to-
    Supreme Court holding the Government Orders violative of Articles 14 and
    16(1) of the Constitution-However appointment of the candidates not
    disturbed-Seniority granted to the candidates taking into account 5%
    weightage marks-Grant ofseniority challenged-State Administrative Tribunal
D   as well as High Court held that the advantage of the weightage marks did not
    extend far the purpose of determining seniority as the same was on~y for
    appointment-On appeal, held: Supreme Court by its order had intended to
    protect not only the appointment, but also the service conditions of such
    candidates, which included their right to seniority-Constitution of India,
    1950-Articles 14 and 16(1).
E
          By Government Orders of 1976 and 1981 5% weightage marks were
    awarded to the Telugu medium students. The challenge for the same when
    reached in appeals to this Court, it was held that the said Government
    Orders were violative of Articles 14 and 16(1) of the Constitution.
F   However, it held that those Telugu medium, graduates, who had already
    been appointed on the strength of the weightage and were working on their
    concerned p()sts should not be disturbed and their appointments were not
    to be disturbed by the present judgment. It also gave age relaxation to
    those Telugu medium candidates, for competing for such post in future
    on one occasion, who were sele1~ted, but could not be appointed on account
G   of pendency of the procet:dings.

          Thereafter respondent No. I in the present appeals filed applications
    before State Administrative Tribunal on the ground that giving advantage
    of the weightage marks for the purpose of seniority was contrary to law,

H                                       188
            A.P. PUBLIC SERVICE COMMISSION r. K. SUDHARSHAN REDDY      189

as the judgment of this court had given protection to the Telugu medium       A
students only to the extent of their appointment and not for giving
seniority. Tribunal allowed the applications holding that the protection
did not extend to the counting of such weightage for the purpose of
determining seniority. High Court, in Writ Petition upheld the order of
the Tribunal. Hence the present appeals.
                                                                              B
     Allowing the appeals, the Court

        HELD: The Court intended to protect not only the appointment of
such candidates but also all their service conditions, which included their
right to seniority as had accrued to them at the time of their initial        C
appointment. The said intention of this Court was quite clear from the
language used. If this Court had intended that the weightage given to the
concerned candidates was not to count towards their position in the merit
list, it would have said so explicitly. On the other hand, while mentioning
the fact of their appointment on the strength of such weightage this Court
went on to say that such candidates would not be adversely affected by        D
the judgment. The decision rendered in the judgment would not adversely
affect their existing service conditions. [195-8-DJ

     Prabodh Verma and Ors. v. State of Uttar Pradesh and Ors., [1984] 4
SCC 251; Arun Tewari and Ors. v. Zita Mansavi Shikshak Sangh and Ors.,
[1998] 2 SCC 332 and Ajit Singh and Ors. (I!) v. State of Punjab and Ors.,    E
[1999] 7 sec 209, referred to.

     CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4202 of2003.

     From the Judgment and Order dated 14.8.2001 of the High Court of
Andhra Pradesh at Hyderabad in W.P. No, 16321/2001.                           F
                                  WITH

     C.A. No. 4202/2003.

     Ranjit Kumar, Vijay Kumar, P. Radha Rani, D. Verma and D. Mahesh         G
Babu for the Appellant.

     M.N. Rao and T.N. Rao for Respondent No.I Manoj Saxena, D. Bharathi
Reddy, T.V. George and Rahul Shukla for State of A.P.

     The Judgment of the Court was delivered by                               H
    190                      SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A        ALTAMAS KABIR, J. Pursuant to an advertisement No. 2183 published
  by it, the Andhra Pradesh Public Service Commission conducted recruitment
  to Group-II (A) Services and upon completion of the process of selection, the
  selected candidates were appointed in 1985 itself. In keeping with GOMS
  No. 502 dated 26th June, 1976, 5% weightage marks were awarded to
B candidates who had obtained their basic qualifications through Telugu medium.
  The same was challenged before the Andhra Pradesh High Court by Non-
  Telugu Medium candidates in a Writ Petition, being No. 2041/1981, which
  was allowed by the learned Single Judge by his judgment dated 7th June,
  1981. By the said judgment and order the learned Single Judge quashed the
  aforesaid Government Order on the ground that it was discriminatory and
C violative of Articles 14 and 16 of the Constitution.
         Two Writ Appeals were filed from the order of the learned Single
  Judge, one by the State of Andhra Pradesh and the other by the Telugu
  Medium candidates. Both the Writ Appeals were heard analogously by a
  Division Bench of the Andhrn Pradesh High Court which by its judgment and
D order dated 15th September, 1981 allowed the Writ Appeals and upheld the
  Government Orders whereby 5 % weightage in total marks was given to
  Telugu Medium canciidates, upon holding that the same did not violate Articles
  14 and 16 of the Constitution. Consequently, the Writ Petition filed by the
  Non-Telugu Medium Candidates was dismissed. The same resulted in the
E filing of Civil Appeal No.2914/1981 (V.N. Sunanda Reddy and Ors. v. State
  ofAndhra Pradesh and Ors.) in this Court. Subsequently, the State of Andhra
  Pradesh issued a more comprehensive Government Order No.603 dated 18th
  November, 1981 and extended 5 % weightage to all Telugu Medium Students
  who were candidates for recruitment by the Andhra Pradesh Public Service
  Commission to any service in the State of Andhra Pradesh. The statutory
F rules framed in terms of the said Government Order were once again
  challenged by Non-Telugu Medium candidates before the Andhra Pradesh
  Administrative Tribunal at Hyderabad. The Tribunal by its order dated 18th
  January, 1994, allowed the said application filed by the Non-Telugu Medium
  candidates upon holding as was done in the earlier matter, that the said
G Government Order was violative of Articles 14 and 16 of the Constitution.
  As will be apparent, the view taken by the Tribunal was contrary to the
  decision of the Division Bench of the Andhra Pradesh High Court and it
  resulted in a Special Leave Petition being (Civil) No. 6395/1994 filed by the
  Telugu Medium candidates and by the State of Andhra Pradesh by way of
  Special Leave Petition© No. 13446/1994. As the question involved in both
H the matters was the same, they were taken up together for hearing by this
 AP. PUBLIC SERVICE COMMISSION v. K. SUDHARSHAN REDDY [AL TAMAS KABIR, J.J 19 J

Court and were disposed of by a common judgment dated 25th January,               A
1995.

       Although, at the time of the hearing of the appeals, it was sought to be
urged on behalf of the State that the weightage had been given in the interest
of the State to enable it to recruit persons who are better acquainted with
Telugu language, which was the official language of the State, such a stand       B
was rejected and it was held that the Division Bench of the Andhra Pradesh
High Court was not rightwhen it accepted such view. This Court held further
that the Division Bench was not justified in upsetting the views expressed by
the learned Single Judge.

      While disposing of the said appeals, this Court took note of a submission C
made on behalf of Telugu Medium students that in the event the weightage
given to them in recruitment was found to be faulty, those Telugu Medium
candidates who had already been appointed on the basis of such weightage
should not be disturbed and it was also submitted that those Telugu Medium
students whose appointments could not be made on account of pendency of D
the proceedings should be given one further chance to compete for future
recruitment in the post in question and for that purpose suitable age relaxation
may be made in their case. Finding such submission to be reasonable, this
Court observed and directed as follows:-

        " .. .Jn our view this request is quite reasonable and deserves to be     E
        granted. We, therefore, direct that despite our finding that 5 percent
        weightage given to the Telugu medium graduates in the present case
        is violative of Articles 14 and 16(1) of the Constitution, those Telugu
        medium graduates who have already beef) appointed on the strengt.h
        of such weightage and who are working on their concerned posts            F
        should not be disturbed and their appointments will not be adversely
        affected by the present judgment. On the other hand, those Telugu
        medium graduates who have been selected on the strength of the
        weightage '.but to whom actual appointments have not been given on
        account of pendency of the present proceedings should be given a
        chance to compete for such posts as and when future recruitment to        G
        such posts is resorted to and for that purpose only once suitable age
        relaxation may be given to them in case they are otherwise found
        suitable on merits to be appointed in such future direct recruitment to
        such posts. In other words, only on account of the fact that they have
        become age barred, they should not be denied appointments on the
                                                                                  H
     192                      SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A           strength of their meritorious performance. This will be by way of
            only one time concession about age relaxation."

          Consequently, Civil Appeal No. 2914/1981 was allowed, the judgment
    and order of the Division Bench was set aside and the decision of the learned
    Single Judge was restored and the Civil Appeal arising out of SLP © Nos.
B   6395 & 13446/1994 were dismissed and the judgment and order of the Andhra
    Pradesh Administrativt: Tribunal at Hyderabad in 0.A.No. 2142/1993 was
    confirmed.

         Despite the views expressed by this Court in the above appeals, the
  matter was not allowed to rest and one K. Sudharshan Reddy, the respondent
C No.I before us in Civil Appeal No.4202/203 and Sri Y.T. Naidu, who is
  respondent No.I before us in Civil Appeal No.4201/2003, filed separate
  applications before the Andhra Pradesh Administrative Tribunal, being
  0.A.No.6141/1995 and 0 .A.No.24 70/200 I, under Section 19 of the
  Administrative Tribunal Act, 1985, complaining that the respondents had
D acted in a manner contrary to law by giving the advantage of weightage
  marks while preparing the merit list for preparation of the seniority list in
  view of the aforesaid judgment of this Court. It was the contention of the said
  applicants that the direction that the services of those Telugu Medium
  candidates who had been appointed on account of the weightage given should
  not be disturbed, did not include any condition that such candidates were to
E be given the benefit of weightage of 5% of the total marks also for the
  purpose of computing seniority. In other words, it was sought to be contended
  that the protection given by the aforesaid judgment of this Court to Telugu
  Medium students, who had already been selected with the benefit of weightage,
  was only to the extent of their appointment and that for their ranking in the
F merit list, the additional :5% marks could not be counted.
        The said argument advanced on behalf of the said two respondents
  found favour with the Tribunal which was persuaded to hold that the protection
  afforded to the Telugu Medium candidates did not extend to the counting of
  such weightage for the purpose of determining seniority in the cadre. The
G learned Tribunal, therefore, directed the Government to take follow up action
  to reduce the weightage: marks given to the Telugu Medium candidates and
  to prepare the new ranking list and to fix the seniority on the basis thereof.

           Both the Original Applications were disposed of by the Tribunal by its
    aforesaid judgment and order dated 23rd May, 2001, which was challenged
H   bi:fore the Andhra Pradesh High Court by way of \Vrit Petitions Nos. 16321/
A.P. PUBLIC SERVICE COMMISSION v. K. SUDHARSHAN REDDY [ALTAMAS KABIR, J.]   193
I00 I and 16283/200 I. Both the Writ Petitions were dismissed by identical        A
orders with the observation that the Tribunal had merely followed the judgment
of this Court and the impugned order did not, therefore, suffer from any legal
infirmity. These two appeals before us have been filed by the Andhra Pradesh
Public Service Commission against the orders passed in the said Writ Petitions
and since they involve common questions of law and fact, the same have            B
been taken up together for hearing and disposal.

        Appearing for the appellant-Commission, Mr. Ranjit Kumar, learned
 Senior advocate, took us through the relevant portions of the directions given
  by this Court which have been quoted hereinbefore and tried to explain the
 true meaning and purport thereof, which according to him, had been completely C
  misunderstood both by the Tribunal, as1also the Andhra Pradesh High Court.
  Mr. Kumar emphasized on the use of the expression "those Telugu Medium
  Graduates who have already been appointed on the.strength ofsuch weightage
. and who are working on their concerned posts should not be disturbed and
  their appointments will not be adversely affected by the present judgment. "
 (underlining by us). He emphasized that the said direction could be broken D
 up into three parts in order to understand and appreciate their true meaning
 and purport. It was submitted that this Court included in the scope of its order
 Telugu Medium candidates who had already been appointed on the strength
 of the weightage given. Secondly, those persons who were working on their
  concerned posts should not be disturbed and thirdly their appointments were E
  not to be adversely affected. Mr. Kumar added that a conscious distinction
  had been made by the Court in respect of those Telugu Medium graduates
  who had been selected on the strength of the weightage but to whom actual
  appointments had not been given. Mr. Kumar submitted that in their case the
  Court directed that they should be given a chance to compete for such posts
  when future recruitment to such posts was required and for that purpose only F
  once suitable age relaxation could be given to them in case they were otherwise
 found suitable on merit to be appointed in future to such posts.

      In addition to his aforesaid submission on the merits of the views
expressed by the Tribunal and the Division Bench of the Andhra Pradesh
High Court, Mr. Kumar also urged that if the judgment and order of the G
Tribunal and the High Court were allowed to stand, it would result in unsettling
of the entire seniority position which prevailed in 1981 in different services
through out the State and the same would lead to a chaotic situation. It was
submitted that such an action could hardly be undertaken at such a distant
point of time.                                                                   H
    194                     SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A         In support of his said submission, Mr. Kumar referred to the decision
    of this Court in the case of Prabodh Verma and Ors. v. State of Uttar
    Pradesh and Ors., [1984] 4 SCC 251, wherein in paragraph 28 such a scenario
    has been considered, discussed and dilated upon.

        Reference was also made to a decision of this Court in the case of Arun
B Tewari and Ors. v. Zila Mansavi Shikshak Sangh and Ors., [1998] 2 SCC
  332, wherein with reference to the aforesaid case, similar views have been
  expressed.

          Mr. M.N. Rao, learned senior advocate, who appeared for the respondent
C No. I in both the matters, on the other hand, strongly supported the view
    expressed by the Tribunal.

         Mr. Rao submitted that having held that the Government Orders granting
  weightage of 5% marks to Telugu Medium candidates was violative of Articles
   14 and 16 of the Constitution, it could never have been the intention of this
D Court to perpetuate such arbitrariness and all that was protected by this
  Court's order were the appointments which had b~en made in favour of such
  Telugu Medium candidates who had been given the benefit of weightage in
  terms of the concerned Government Orders. According to Mr. Rao, to hold
  otherwise would be to negate the very decision of this Hon'ble Court in the
  earlier matter.
E
          It was further urged tilat the revision of the seniority list could always
    be done at any stage since all the required particulars were available in the
    office of the concerned authorities.

          Referring to the decision of this Court in the case of Ajit Singh and
F   Ors.(11) v. State of Punjab and Ors., [1999] 7 SCC 209, Mr. Rao submitted
    that while discussing "the catch up role", it was observed that there should
    not be any difficulty in amending the seniority list since the seniority list at
    a particular level would have to be amended only when the senior general
    candidates reach the said level.
G         Mr. Rao urged that this Court had held that such weightage was arbitrary
    and that the addition of 40 marks which represented 5 % of the total aggregate
    marks would give the Telugu Medium candidates, a strong advantage over
    candidates from other miediums, particularly when competition was fierce
    and even one mark could tilt the decision in favour of a candidate.
H
A.P. PUBLIC SERVICE COMMISSION». K. SUDHARSHAN REDDY[ALTAMAS KABIR,J.]       J95

       Having carefully considered the submissions made on behalf of the A
respective parties, we are unable to agree with the submissions advanced by
Mr. Rao since in our view, after having held the impugned Government
Order to be violative of Articles 14 and 16 of the Constitution, it was the
intention of this Court to maintain the status quo as it existed with regard to
the appointments already made where certain candidates had already been
given the benefit of weightage. We are inclined to agree with Mr. Ranjit B
Kumar that the Court intended to protect not only the appointment of such
candidates but also all their service conditions, ·which included their right to
seniority as had accrued to them at the time of their initial appointment. In
our view, the said intention of this Court was quite clear from the language
used. If this Court had intended that the weightage given to the concerned C
candidates was not to count towards their position in the merit list, it would
have said so explicitly. On the other hand, while mentioning the fact of their
appointment on the strength of such weightage this Court went on to say that
such candidates would not be adversely affected by the judgment. In other
words, the decision rendered in the judgment would not adversely affect their
existing service conditions.                                                     D

      Furthermore, the question of seniority was never in question prior to
the decision of this Court in Civil Appeal No.2914/1981 decided on 25th
January, 1995.

      Apart from the above, the other submission of Mr. Ranjit Kumar                E
regarding the difficulty of unsettling the settled position after all these years
cannot also be lightly brushed aside.

      For the reasons aforesaid, the appeals must succeed and are allowed.
The judgment and orders of the Andhra Pradesh High Court appealed against           F
are hereby set aside along with the judgment and order dated 23rd May, 2001
passed by the Andhra Pradesh Administrative Tribunal passed in
0.A.Nos.6141/1995 and 2470/2001.

     There will be no order as to costs.
                                                                                    G
K.K.T.                                                        Appeals allowed.