AP. PUBLIC SERVICE COMMISSION v. PRASADA RAO AND ORS.

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(Civil Appeal No. 2043-2046 of 201 O ) FEBRUARY 25, 2010 B

Service Law - Selection - Select list prepared.by Andhra Pradesh Public Service Commission - Directions issued by C Tribunal, affirmed by High Court - On appeal, said directions suitably modified by Supreme Court.

Dispute arose with regard to the select list prepared by the Andhra Pradesh Public Service Commission, and 0 certain directions were issued by the Tribunal, which were affirmed by the High Court. Hence the present appeals.

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-A authority in terms of the seniority position ascribed in the said select list as contained in the official records of the Public Service Commission but subject to the condition that all those candidates who are shown to have B been selected for the post mentioned in the select list as prepared by the Andhra Pradesh Public Service Commission and amongst them, who have pursuant to the same joined their posts be given an option either to retain c their existing position and post to which they were selected pursuant to the notification No. 5/1998 for Group-I services or to opt for a new post now being offered pursu.ant to this order;

(ii) That such a candidate shall be ordered to D exercise his option within a time frame as stipulated by the Public Service Commission. The Commission would thereafter act in accordance with the rules and in accordance with the law in terms of the aforesaid option so E. exercised and give effect to the same. It is also made clear that no option is required to be called for or obtained from the candidates who are being given offer of appointment for the first time pursuant to the selection and in accordance with the merit position in the select list which has already been prepared; and

(iii) That after giving effect to the selection in terms of clauses (i) and (ii) above, the vacancies, if any, would then be filled up by the candidates from the select list/merit list in accordance with their merit and rules of reservation as per the options given earlier or by giving similar H

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RAO AND ORS.

option to the candidates selected and working A in some other post. [Para 3] [1169-H; 1170-A- H; 1171-A-B]

1.2. The selected candidates who are being appointed for the first time would only be entitled to give 8 fresh option and the candidates who had already exercised their option would not be entitled to give any fresh option. [Para 4] [1171-C]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2043-2046 of 2010. C

From the Judgment & Order dated 8.10. 2007 of the High Court of Andhra Pradesh in Wirt Nos. 17397, 17398, 17399 and 17400 of 2007.

WITH D

C.A. No. 2047 of 2010.

Altaf Ahmad, R. Sundervardhan, Shyam Divan, H.S. Gururaja Rao, Guntur Prabhakar, Y. Rajagopala Rao, Y. E Ramesh, Y. lsmai Rao, R. Santhan Krishnan, Praveen K. Pandey (for D. Mahesh Babu), 0. Bharathi Reddy, Anuradha Rustogi, G.V.R. Choudhary K. Shivraj Chaudhuri, Y. Ramesh, Y. Vismai Rao, C.S.N. Mohan Rao, Satish Galla, N. Rajaraman for the appea~in parties. F