GOVERNMENT OF ANDHRA
PRADESH
Public Services - State and subordinate Services - Competitive
Examinations conducted by the Andhra Pradesh Public Service Commission - 5% Weightage
of marks to Telugu medium candidates - Orders - Issued - Cancellation - Orders
- Issued.
GENERAL ADMINISTRATION (OL-1) DEPARTMENT
G.O.Ms.No.22 Dated:16-01-1998
Read the following
1.G.O.Ms.No.
504, Gen. Admn. Dept., dated 26-07-1976.
2.
G.O.Ms.No. 603, Gen. Admn. Dept., dated 18-11-198l.
3.
Supreme Court Judgement in W.P.No.2041/81 and the Judgement and order rendered
by the APAT in O.A. No. 2142/93.
ORDER
In G.O.Ms.No.504, General Administration Department dated 26-7-1976 issued orders awarding 5% weightage marks to the candidates who possess the basic education qualifications through Telugu Medium for the competitive examinations conducted by the Andhra Pradesh Public Service Commission. In supersession of the Government Order 1st read above and this facility was made applicable to all non-gazetted posts of all services in G.O.Ms.No.603, General Administration Department dated 18-11-1981. In O.A.No.2142/93 Sri Janakirama Rao and another challenged in the Andhra Pradesh Administrative Tribunal to suspend the G.O.Ms.No.603, General Administration Department dated 18-11-1981 and to direct the Andhra Pradesh Public Service Commission to publish the results without giving 5% weightage marks to Telugu Medium candidates. The Andhra Pradesh Administrative Tribunal while striking down the orders issued in G.O.Ms.No.603, General Administration Department dated 18-11-1981 being discriminatory and violation of articles 14 and 16 of the Constitution of India and directed the Andhra Pradesh Public Service Commission not to give effect to the weightage in selection of candidates to Group-II Services.
2. Previously this has also been challenged in the Andhra Pradesh High Court in W.P.No.2041/81 by Sri V.N. Sunanda Reddy and 9 others who were English Medium candidates. In the Judgement delivered by the Single Judge, the Government Order was struck down and accordingly the Andhra Pradesh Public Service Commission has been ordered to make selection of candidates with references to the impugned rule. Subsequently, the Government have filed a Writ Appeal before the Division bench of the Andhra Pradesh High Court against the said Judgement as it affected its avowed policy. The division bench of Andhra Pradesh High Court allowed the appeal and upheld the weightage rule. Consequently, the English Medium candidates sought redressal in the Supreme Court of India in Civil Appeal No. 2914/ 81. The Government have filed the Special Leave Petition before the Supreme Court of India against the Judgement of the High Court in W.P.No.2041/81 and against the Judgement of the Andhra Pradesh Administrative Tribunal in O.A.No.2142/93, dated 30-6-1994. The Supreme Court of India settled the matter in Civil Appeal Nos.1022 and 1023 of 1995, Special Leave Petition case Nos. 6395 and 13446/94 stating that the orders cannot be sustained and the appeal over the orders of the Andhra Pradesh Administrative Tribunal was dismissed.
3. In view of the Judgement of the Supreme Court of India, the orders issued in G.O.Ms.No.504, dated 26-6-1976 and G.O.Ms.No. 603, General Administration Department dated 18-11-1981 are ineffective, hence the Government have decided to withdraw the said G.Os. and consequential statutory rules which are set aside and declared invalid by the Apex Court.
4. The following notification will be published in the next
issue of the Andhra Pradesh Gazette.
NOTIFICATION
(By Order and in the name of the Governor of Andhra
Pradesh)
C. NIRANJANA RAO
