Andhra Pradesh High Court - Amravati
Yandrapu Ramesh Kumar, vs Andhra Pradesh Public Service ... on 17 March, 2023
Bench: Venkateswarlu Nimmagadda
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P.No.3613 of 2023
PROCEEDING SHEET
Sl.No DATE OFFICE
ORDER
NOTE
01 17.03.2023 NV, J
W.P.No.3613 of 2023
Heard learned counsel for the petitioners,
learned Government Pleader for Services-I and
learned Standing Counsel for APPSC appearing for
the respondents.
Learned counsel for the petitioners submits
that in view of the G.O.Ms.No.57 Home(General.B)
Department, dated 13.03.2001, the Ex-servicemen
are entitled for relaxation of standard of selection
to makeup deficiencies in the reserved quota
subject to condition that such relaxation will not
effect the level of performance by such candidates.
He further submits that the said relaxation in
respect of educational qualification is enumerated
in G.O.Ms.No.57 dated 13.03.2001 under
clause3(i)(A)(B)(C) and the same was reiterated by
the Hon'ble Supreme Court in State of Orissa vs.
Mohd.Yunus and others (1994 Supp(2) SCC 55).
The operative portion of the judgment referred
supra reads as follows:
"It is stated by Mr.Mehta, learned counsel
for the State that the Commission has put a
minimum of 780 marks as qualifying marks for
the general candidates. The respondent
admittedly belongs to the general category.
Though three posts have been reserved for ex-
servicemen, if a candidate who belongs to ex-
servicemen gets eligibility by securing 780
minimum marks, irrespective of the fact whether
he/they comes by general selection or not, by
virtue of reservation made to the ex-servicemen,
he/they become eligible for consideration. This
relaxation has been made in contradistinction
with other general candidates but for which the
respondent would be ineligible. The fixation of
the general standard marks prescribed for the
general candidates would undoubtedly be a
handicap to the ex-service personnel who are
made to compete with youngsters after several
years of service put in the defence service. The
State Government and the Public Service
Commission are directed to consider the
desirability to fix a lesser standard than that of
the general candidates as ex-servicemen have
served the nation in its defence and in the
process they may not come on a par with the
general candidates. Therefore, some relaxation
in their behalf would be necessary to meet the
exigencies of coping up with the reservation
given to them. Otherwise, reservation would be
illusory. The State Government in consultation
with the Public Service Commission would decide
this issue within a period of three months from
the date of the receipt of this order and
thereafter consider the case of the respondent
accordingly."
He further submits that pursuant to the
notification in O.M.No.150152/8/82Estt(D),dated
12.02.1986 issued by the Govt. of India, Ministry of
Personnel, Public Grievances & Pensions (Deptt. Of
Personnel and Training) New Delhi, the State
Government has issued the G.O.Ms.No.57 dated
13.03.2001. The Rule 6(a) of the notification dated
12.02.1986 categorically envisages as follows:
"Lower Standard for Selection: In the case of
directed recruitment, if sufficient number of
candidates belonging to the ex-servicemen are
not available on the basis of general standard to
fill all the vacancies reserved for them.
Candidates belonging to the category of ex-
servicemen may be selected under a relaxed
standard of selection to make up the deficiency in
the reserved quota subject to the condition that
such relaxation will not affect the level of
performance by such candidates."
He further submits that in view of the ratio
laid down by the Hon'ble Apex Court as well as the
notification issued by the Central Government and
also G.O.Ms.No.57 dated 13.03.2001 issued by the
2nd and 3rd respondents, the petitioners, more
particularly, the ex-servicemen are entitled for
relaxation in respect of minimum qualifying marks
in the selection process. Therefore, the petitioners
are entitled to participate in the main examination,
if their case was considered under relaxed standard
of selection as was considered in other nonfictions
issued by the High Court of Andhra Pradesh on
21.10.2022 as well as by the Police Recruitment
Board on 12.11.2018. Wherein, the authorities
considered the case of ex-servicemen not only in
respect of relaxation in educations qualifications
but also in respect of relaxed standard of selection
granted on par with SC, ST reserved category.
On the other hand, learned Standing Counsel
for the 1st respondent filed counter affidavit stating
that the G.O.Ms.No.103 General Administration
(Ser.A) Department, dated 03.02.1967 does not
speak about standard relaxation in respect of ex-
servicemen. But, G.O.Ms.No.5 dated 05.01.2018
speaks about the authority of commission for fixing
minimum qualifying marks for any reserved
category. Therefore, the Commission is empowered
to fix minimum marks for every reserved category
basing upon the requirement as per its wisdom and
it cannot be questioned or it cannot be interfered.
Having regard to the submissions made by
both the learned counsels, it is an admitted fact
that as per the G.O.Ms.No.57 dated 13.03.2001
issued by the 2nd and 3rd respondents the clause 3(c)
specifically envisages that relaxed standard of
selection should be applied towards ex-servicemen
by considering all the aspects relating to ex-
servicemen. It is also not in dispute that
G.O.Ms.No.57 dated 13.03.2001 is in operation and
is in force. It is also not in dispute that the
petitioners belongs to ex-servicemen and they
participated in the preliminary examination and
moreover, they also secured marks more than
minimum marks prescribed for SC, ST category.
Further, the notification issued by this Court as well
as Police Recruitment board prescribes relaxation in
standard of selection on par with SC, ST category.
In view of the foregoing discussions, in view
of the principles laid down by the Hon'ble Supreme
Court referred supra, this Court prima-facie
satisfied with the arguments of the petitioner.
Therefore, there shall be an interim direction to 1st
respondent to allow the petitioners to participate in
selection process pursuant to the impugned
notification dated 28.12.2021 and the respondents
are specifically directed to see that the petitioners
should participate in the final examination.
Learned Government Pleader appearing for
the respondents seeks time for filing counter.
At his request, list the matter after two
weeks.
________
NV, J
BSP/ANS
