V. Chandrasekhara Naidu v. Tirumala Tirupathi Devasthanam
2002-11-01
A.R.LAKSHMANAN, V.ESWARAIAH
body2002
DigiLaw.ai
AR. LAKSHMANAN, C. J, J. ( 1 ) BOTH the writ appeals were filed by v. Chandrasekhara Naidu, respondent No. 3 in both the Writ Petition Nos. 3853 of 2002 and 5233 of 2002. The said two writ petitions were filed by Ms. P. Jhansi and T. Ravi respectively for issuance of Writ of mandamus declaring the action of the tirumala Tirupati Devasthanam represented by the Executive Officer in selecting and appointing the third respondent V. Chandrasekhara Naidu as a. P. R. O vide proceedings dated 16-2-2002 as illegal and arbitrary and to issue a consequential direction to the official respondents to appoint the writ petitioner in each writ petition as A. P. R. O in pursuance of the selections held on 15-2-2002. ( 2 ) THE factual matrix of the case which led to the filing of these writ appeals is that the writ petitioner in No. 3853 of 2002 ms. P. Jhansi applied for the post of A. P. R. O. in T. T. D. in pursuance to the notification published in Eenadu daily. She is a Post- graduate in Mass Communication and journalism and she worked as a Public relation Officer in a Public Limited company for three years. ( 3 ) THE petitioner in the other Writ petition No. 5233 of 2002 T. Ravi also applied for the same post. He has been working as Assistant Translator in the Office of the Public Relations Officer of T. T. D. , tirupati since 1995 without any blemish nor adverse remarks. He completed M. A. in english, Literature in Advertising and public Relations. , B. Ed. , Bachelor of Public relations, Diploma in Temple Culture. He belongs to Scheduled Caste. ( 4 ) THE third respondent who is appellant in both the writ appeals was working in t. T. D. as Superintendent in the Education department and is aged about 55 years. The devasthanam notified the post of Assistant public Relations Officer in Eenadu Daily on 28-7-2001. The candidate should possess masters Degree in M. A. , M. Sc. , Degree or diploma in Journalism or Public Relations and three years experience in the field of public Relations. The upper age of the candidate shall not be above 35 years. There is a relaxation of five years provided for SC, st and BC candidates.
The candidate should possess masters Degree in M. A. , M. Sc. , Degree or diploma in Journalism or Public Relations and three years experience in the field of public Relations. The upper age of the candidate shall not be above 35 years. There is a relaxation of five years provided for SC, st and BC candidates. In the notification, it was stated that in-service candidates can also apply for the post. The petitioners and the third respondent have also applied for the said post. Written examination was held on 15-2-2002 and 26 candidates appeared for the written test. The third respondent is aged about 55 years and according to the writ petitioners, the appellant is not eligible for the post since he is over-aged and that the entertaining of the application of the appellant itself was illegal. However, the devasthanam appointed the appellant-third respondent as A. P. R. O. ( 5 ) THE learned Single Judge on a consideration of the material on record and on consideration of G. O. Ms. No. 614 dated 27-6-1989 and the provisions of Rule 5 (i) of the T. T. D. Service Rules came to the conclusion that contrary to Rule 5 (i) and the order of the Government in G. O. Ms. No. 614, the resolution dated 3-6-1991 had been approved by the Board of Trustees and that it cannot override the statutory rules governing the recruitment. The learned judge in the facts and circumstances of the case and having regard to the Rules applicable, was of the view that the powers exercised by the officials of the respondent- devasthanam by way of circulars and resolutions, cannot override the statutory rules governing the recruitment and they are in violation of the powers conferred under rules 4 and 5 (i) of the Rules and their action amounts to misinterpretation of statutes and misuse of powers. Therefore, the appointment order of the respondent No. 3 was liable to be quashed and it was accordingly set aside by the learned Single judge. The learned Judge further directed the official respondents in the writ petitions to consider the case of the writ petitioners- respondents in accordance with the ranks assigned to them in the interview held on 15-2-2002 and appoint the eligible candidate.
The learned Judge further directed the official respondents in the writ petitions to consider the case of the writ petitioners- respondents in accordance with the ranks assigned to them in the interview held on 15-2-2002 and appoint the eligible candidate. ( 6 ) AGGRIEVED by the said judgment, the third respondent in both the writ petitions - chandrasekhara Naidu preferred the present writ appeals. ( 7 ) WE heard Sri M. Surender Rao, sri V. Srinivas, Sri P. Suresh Reddy and sri P. Govind Reddy for the respective parties. ( 8 ) SRI M. Surender Rao submitted that t. T. D. did not mention any upper age limit in the circular dated 3-8-2001; the upper age limit is applicable to such of those candidates who have applied in pursuance of the notification in news paper dated 27-7-2001; the appellant possesses the educational qualifications and is eligible for appointment; the appellant is found to be eligible and was called for interview through letter dated 1-2-2002; the learned judge ought to have seen that the Rule 5 (i) of the Rules issued in G. O. Ms. No. 1060, revenue dated 24-10-1989 is clear and that board of Trustees can exercise all its powers which can be exercised by Government under A. P. State and Subordinate Service rules and that the learned Judge further ought to have seen that in exercise of the powers conferred under Rule 5 (i) the Board of Trustees of Tirumala Tirupati devasthanam has passed Resolution no. 131 dated 3-6-1991 exempting the in-service candidates for the upper age limit. It is further submitted that in the absence of challenge to the said Resolution No. 131 dated 3-6-1991, the order of appointment given to appellant is perfectly legal and valid. It is submitted that the appellant herein is found to be most meritorious and has secured 64. 8% when compared to the marks secured in the selection by the writ petitioner in W. P. No. 3853 of 2002 which is only 48. 4%. ( 9 ) PER contra, Sri V. Srinivas, learned counsel for one of the writ petitioners Ms.
It is submitted that the appellant herein is found to be most meritorious and has secured 64. 8% when compared to the marks secured in the selection by the writ petitioner in W. P. No. 3853 of 2002 which is only 48. 4%. ( 9 ) PER contra, Sri V. Srinivas, learned counsel for one of the writ petitioners Ms. P. Jhansi whose argument has been adopted by the petitioner in the other writ petition submitted that the writ petitioner Jhansi is a post-Graduate in Mass Communication and journalism and she worked as a Public relation Officer in a Public Limited company for 3 years and that the recruitment is a direct recruitment and qualifications required for the said post are master s Degree in any discipline, Degree or diploma in public relations or journalism and three years experience in the field of public relations and that the upper age limit shall not be above 35 years. There is a relaxation of five years provided for SC, ST and BC candidates. It was also made clear that only Hindus can apply for the post. According to Sri Srinivas, the writ petitioner jhansi is fully eligible for the said post and the written examination was held on 15-2-2002 and the examination was for ninety marks and the oral examination was for ten marks. The mode of appointment is not by way of promotion, but it is by way of direct recruitment and hence the third respondent appellant is also bound by the eligibility criteria as notified by the devasthanam in the newspaper. The devasthanam short-listed three applicants for the interview on the basis of their performance in the written examination. The writ petitioner Jhansi, the appellant and another writ petitioner by name T. Ravi were called for interview. Whole process of selection was held on the same day. According to the learned counsel sri Srinivas, Ms. Jhansi did well and was fully eligible for appointment. Entertaining the application of the appellant was itself irregular and that the authorities of the devasthanam have not acted fairly in appointing the appellant as A. P. R. O. who is aged 55 years. There is no relaxation of upper age limit in respect of in-service candidates.
Jhansi did well and was fully eligible for appointment. Entertaining the application of the appellant was itself irregular and that the authorities of the devasthanam have not acted fairly in appointing the appellant as A. P. R. O. who is aged 55 years. There is no relaxation of upper age limit in respect of in-service candidates. Therefore, an illegality has been committed by the respondent Devasthanam in selecting him and appointing to the post in question which is according to the writ petitioner is unfair, unjust and also an arbitrary act on the part of the T. T. D. authorities. ( 10 ) WE have perused the impugned judgment of the learned Single Judge. As rightly pointed out by the learned Single judge, the respondent authorities have violated the statutory rules which have been framed for the mode of recruitment. Admittedly, the appellant herein is over aged and ought not have been allowed for the examination. ( 11 ) IT is submitted by the learned standing Counsel appearing for the T. T. D. that the Government of Andhra Pradesh in g. O. Ms. No. 614 dated 27-6-1989 exempted the qualified in-service candidates of T. T. D. from the media of Employment Exchange for selection to a post on direct recruitment and that the T. T. D. Board exempted the qualified in-service employees from the operation of age rules for selection to a post on direct recruitment. It is further submitted that there is no violation of recruitment procedure and as such, there is no illegality in the selection and the appointment of the third respondent-appellant is in accordance with the procedure. Our attention was drawn to the provisions of Rule 5 (i) of the rules by which the Board of Trustees can exercise all its powers which can be exercised by Government under A. P. State and Subordinate Service Rules. In pursuance of the said powers conferred under Rule 5 (i), it is resolved by the Board of Trustees that it is desirable to exempt the qualified in- service employees from the operation of age rule for competing with the candidates sponsored by the employment exchange. Therefore, the appointment of the third respondent appellant is in accordance with the procedure and it does not warrant any interference by the Court. ( 12 ) WE are unable to countenance with the said submission.
Therefore, the appointment of the third respondent appellant is in accordance with the procedure and it does not warrant any interference by the Court. ( 12 ) WE are unable to countenance with the said submission. It is true that as per the notification, the maximum age limit is 35 years and it will be relaxed by five years in case of SC, ST and BC candidates. G. O. Ms. No. 614 dt. 27-6-1989 enables the in- service candidates of T. T. D. who possess the requisite qualifications to compete with the fresh candidates sponsored by the employment Exchange for direct recruitment. Basing on the orders issued g. O. Ms. No. 614, dated 27-6-1989, the Board has passed the resolution on 3-6-1991. It is relevant at this stage to go through the provisions of Rule 5 (i) of the Rules which reads as under: all powers assigned to the government under the aforesaid rules shall be exercised by the Board of trustees. All powers vested in the head of Department in the above rules shall be exercised by the Executive officer, Tirumala Tirupati devasthanams. The Executive Officer shall be the appointing authority in respect of all posts except the posts for which the Government is appointing authority. ( 13 ) WITH regard to age relaxation, proviso to Rule 11 of the Rules enunciates thus: "provided that the orders issued by government from time to time regarding the general relaxation of the age and age relaxation in respect of person belonging to reserved categories such as Scheduled Caste, scheduled Tribe and Backward Class shall apply. ( 14 ) IN the instant case, the basis on which the age of the in-service candidates is relaxed, is G. O. Ms. No. 614 which merely exempts the in-service candidates of T. T. D. who possesses the requisite qualifications from the purview of Employment Exchange to compete with the fresh candidates sponsored by the Employment Exchange for direct recruitment. ( 15 ) RULE 4 of the Rules also lays down that the T. T. D. employees shall be governed by the rules and such of the orders and clarifications issued on these rules by the government of Andhra Pradesh in respect of the employees of State Government from time to time in so far as they are not inconsistent with the Act and the rules made thereunder.
Rule 5 (i) clearly enunciates that all powers assigned to the Government under the aforesaid rules shall be exercised by the Board of Trustees. But contrary to rule 5 (i) and the order of the Government in g. O. Ms. No. 614, the resolution dated 3-6-1991 has been approved and as such it cannot override the statutory rules governing the recruitment. It amounts to misinterpretation of the statutes and misuse of powers. ( 16 ) WE are therefore of the considered view that the powers exercised by the official respondents by way of circulars and resolutions cannot override the statutory rules governing the recruitment and they are in violation of the powers conferred under rules 4 and 5 (i) of the Rules and their action amounts to misinterpretation of the statutes and misuse of powers. Therefore, the appointment order of the appellant is liable to be set aside and has been rightly quashed by the learned Single Judge. ( 17 ) IN the result, both the appeals fail and are dismissed. The order of the learned single Judge in both the writ petitions is confirmed. The T. T. D. authorities are directed to consider the case of both the writ petitioners in accordance with the ranks assigned to them in the selection and to select a suitable candidate for the post in question. No costs.