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2019 DIGILAW 101 (AP)

State of Andhra Pradesh v. Chatakondu Sudhakar

2019-06-27

A.V.SESHA SAI, M.VENKATA RAMANA

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JUDGMENT : Akula Venkata Sesha Sai, J. 1. Heard the learned Government Pleader for Services for the writ petitioners and perused, the material available before the Court. 2. The order dated 31.5.2017 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter called 'the Tribunal'), in OA No. 327 of 2017, is under challenge in the present writ petition filed under Article 226 of the Constitution of India. The respondent herein invoked the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, challenging the action of the authorities in not allowing him to participate in/appear for Physical Measurements Test and Physical Efficiency Test held on 7.1.2017 and in not receiving his certificates for verification and not permitting him to participate in the recruitment for the posts of SCT SI (Civil) (Men & Women), SCT RSI (AR) (Men & Women), SCT RSI (SAR CPL) (Men), SCT RSI (APSP) (Men) and Deputy Jailor (Male), and also sought a declaration that he is entitled to participate in the said tests pursuant to the Notification dated 17.9.2016. 3. The respondent-applicant admittedly belongs to Scheduled Caste and got through two-years Intermediate course. According to the authorities, even for the candidates belonging to Scheduled Castes and Scheduled Tribes, besides having the qualification of pass in Intermediate, the candidate should have also studied Degree in any one of the Universities in India. The Tribunal, after considering elaborately the relevant rules and provisions of law, held that the respondent-applicant was illegally and unjustly deprived of his right to appear for selections. Having held so, the Tribunal allowed the original application directing the respondents 3 and 4 therein to permit the applicant to participate in the selection process for the post of Stipendiary Cadet Trainee Sub-Inspector of Police, pursuant to the Notification dated 17.9.2016 issued by the Recruitment Board. The Tribunal also made it clear that in case the general recruitment process is completed, the respondents 3 and 4 shall take up the selection process in respect of the applicant alone afresh, pursuant to the said Notification. 4. The issue, which arises for consideration in the present writ petition, is whether the respondent-applicant, who belongs to Schedule Caste and possesses qualification of pass in Intermediate, is entitled to be considered for appointment to the post of Stipendiary Cadet Trainee Sub-Inspector of Police? 5. 4. The issue, which arises for consideration in the present writ petition, is whether the respondent-applicant, who belongs to Schedule Caste and possesses qualification of pass in Intermediate, is entitled to be considered for appointment to the post of Stipendiary Cadet Trainee Sub-Inspector of Police? 5. The Rules, which are germane and relevant for the purpose of adjudicating the aforesaid issue, are the Andhra Pradesh Police (Stipendiary Cadet Trainee) Rules, 1999 (hereinafter called 'the Rules'), notified in GO MS No. 315, Home (Police-C) Department, dated 13.10.1999, as amended and notified vide GO MS No. 87, Home (Legal-II) Department, dated 15.7.2016. According to the Rules, the educational qualification prescribed for the post of Stipendiary Cadet Trainee Sub-Inspector of Police is a Degree awarded by any University in India, established or incorporated by or under a Central Act, Provincial Act of State or of any institution recognized by the University Grants Commission or any other equivalent qualification as on 1st July of year of notification. It is also clear from the Rules that the qualification required for the candidates belonging to Scheduled Castes and Scheduled Tribes is pass in Intermediate Examination conducted by the State Government and the candidate should have studied Degree in any one of the Universities in India as on 1st July of year of notification. 6. A perusal of the order passed by the Tribunal, which is impugned in the present writ petition, shows that the Tribunal categorically recorded a finding that the Rules and the Notification do not state that candidates should have appeared for all the examinations in the Degree course and failed and it is not for the authorities to substitute any language employed in the Rules and the Notification. The Tribunal also observed that when the Rule is silent about appearing for all the examinations in the Degree course, the Recruitment Board cannot insist that the candidate should have appeared for all the examinations in the Degree course as a condition for applying to the post of Stipendiary Cadet Trainee Sub-Inspector of Police. 7. The Tribunal also observed that when the Rule is silent about appearing for all the examinations in the Degree course, the Recruitment Board cannot insist that the candidate should have appeared for all the examinations in the Degree course as a condition for applying to the post of Stipendiary Cadet Trainee Sub-Inspector of Police. 7. It is significant to note that having prescribed the qualification of pass in Intermediate examination to the candidates belonging to Scheduled Castes and Scheduled Tribes, obviously having regard to the social reasons, this Court does not find any justification on the part of the authorities in insisting on a further qualification of study of Degree course, and in the considered opinion of this Court, there is absolutely no rationale behind the said insistence. It is a settled and well established principle of law that unless there is jurisdictional error, patent perversity or violation of principles of natural justice, a writ in the nature of writ of certiorari cannot be issued under Article 226 of the Constitution of India. This Court does not find any such contingencies to interdict the order passed by the Tribunal. 8. For the aforesaid reasons, the writ petition is dismissed. No order as to costs. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed.