The Hindu : New Delhi News : Quota: hearing today on APPSC appeal

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Quota: hearing today on APPSC appeal

J. Venkatesan

New Delhi: The Supreme Court will hear on Friday a special leave petition filed by the Andhra Pradesh Public Service Commission against an order passed by the Andhra Pradesh High Court declaring illegal the selection of applicants in the ratio of 1:50 for the main written examination for Group-I services without reference to reservation.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice J. M. Panchal posted the SLP for hearing tomorrow on a mention made by senior counsel L. Nageswara Rao for early listing of the matter in view of its importance.

The APPSC by a notification invited applications for Group-I services stating that the number of candidates to be admitted to the written examination would be 50 times to the total number of vacancies available irrespective of communities.

APSAT rejects

The State Administrative Tribunal rejected an application to quash the relevant clause as illegal.

Writ petition

On a writ petition, the High Court held as illegal the notification to the extent “as it says irrespective of communities.” However, the court said, “If the petitioners fall within the ratio of 1:50 against each vacancy in each group/category, as the case may be, they alone shall be allowed to appear for the main examination to be held on August 7 or on any other date.”

The APPSC said the SLP raised substantial questions of law, viz. whether the rule of reservation was applicable at the stage of short listing of candidates for the main written examination with recruitment to Group-I services in the State; whether short listing of candidates done by the commission in the ratio of 1:50 was not legal and valid and whether the High Court was justified in striking down the words “irrespective of communities.”

‘Contrary to merit’

It said if rule of reservation was made applicable at the stage of short-listing of candidates, it would lead to anomalous situation and deprive many meritorious reserve category candidates and allowing to consider less meritorious candidates for such open category posts and the same would be contrary to the principle of merit and equality of opportunity.

SLP

The SLP pointed out that the purpose of screening was to ensure basic standard of eligibility of the candidates and at the stage of admission to the main examination rule of reservation of posts could not be applied. It sought quashing of the judgment dated July 23 and an interim stay of its operation.

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