Case of Mr. G.V. Ramakrishna Sagar vs. The Andhra Pradesh Public Service Commission

The Supreme Court’s recent judgment on the case involving Mr. G.V. Ramakrishna Sagar and The Andhra Pradesh Public Service Commission has significant implications on the application of APPSC Rules. The Court’s decision clarifies the interpretation of the rules in relation to candidate selection and appointment processes. This landmark ruling provides clarity on the rights and obligations of candidates in similar situations.

Facts

Respondent No 1 filed a Writ Petition in the High Court regarding the matter.
Mr. G.V. Ramakrishna Sagar did not join the post for which he was selected.
Original Application No 3142 of 2016 was dismissed due to delay and laches.
After a four-year wait, Respondent No 1 filed Original Application No 3142 of 2016 claiming the appointment in the vacancy left by Mr. G.V. Ramakrishna Sagar.

Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings

Analysis

Rule 6 of the APPSC Rules prior to amendment stated that the ranking list would remain in force for one year or until the publication of a new selection list.
The amended Rule 6, post-1997, eliminated the waiting period previously allowed for candidates on the ranking list.
Rule 7 allows candidates to relinquish their claim for appointment, enabling the Commission to select other candidates from the ranking list.
The unamended Rule 6 and amended Rule 6 must be read harmoniously, with the latter overriding the former in case of conflict.
The High Court’s decision to grant relief to the candidate, despite the amended Rule 6, was deemed unjustified by the authorities.
The amended Rule 6 specifies that the Commission shall select candidates equal to the number of vacancies only, with no provision for a waiting list.
Candidates removed from the selection list will be informed by the Commission.
Candidates removed from the selection list will have no future right for appointment in reference to that selection.
Rule 7 was deleted by G.P. Ms. No 139 on 28.07.2016 due to creating confusion in the selection process.
The selection of a new candidate after the relinquishment of a post by another candidate must be in accordance with the rules in force at that time.
The deletion of Rule 7 does not grant the right to claim selection as per the APPSC Rules.
No relief could have been granted to the Petitioner based on the APPSC Rules.