A.V. Bhogeshwarudu Vs. Andhra Pradesh Public Service Commission & Anr.
EmailAppeal: Civil Appeal No. 4041 of 1989 (Arising out of SLP (C) No. 12640 of 1988)
Petitioner: A.V. Bhogeshwarudu
Respondent: Andhra Pradesh Public Service Commission & Anr.
Apeal: Civil Appeal No. 4041 of 1989 (Arising out of SLP (C) No. 12640 of 1988)
Judges: RANGANATH MISRA & G.L. OZA, JJ.
Date of Judgment: Sep 21, 1989
Head Note:
SERVICE AND LABOUR LAW
Recruitment – Vacancies remaining unfilled on account of candidates recommended for appointment not joining – Such vacancies to be filled up out of the present list and no fresh selection be made.
JUDGEMENT:
O R D E R
1. Special leave granted. Heard learned counsel for the parties.
2. We have perused the counter affidavit filed on behalf of the State Public Service Commission pursuant to the direction of this Court. It is not disputed that the preliminary process of selection started in 1983 and was completed in 1987 and the vacancies that arose in between were also sought to be accommodated from the recruitment list prepared by the State Public Service Commission. The only point which requires consideration is as to whether if out of the names recommended for appointment, some candidates do not join, whether the vacancies remaining unfilled should or should not be filled up from out of the remaining successful candidates. We see no justification in the stand of the State Public Service Commission that instead of filling up the vacancies by recommending the candidates next in order of merit out of the present list why a fresh selection should be made. We accordingly dispose of this appeal by directing that the number of vacancies remaining to be filled up on account of non-joining of selected candidates for whatever reason shall be out of the present list. This may be done within ten weeks. No costs.
1. Special leave granted. Heard learned counsel for the parties.
2. We have perused the counter affidavit filed on behalf of the State Public Service Commission pursuant to the direction of this Court. It is not disputed that the preliminary process of selection started in 1983 and was completed in 1987 and the vacancies that arose in between were also sought to be accommodated from the recruitment list prepared by the State Public Service Commission. The only point which requires consideration is as to whether if out of the names recommended for appointment, some candidates do not join, whether the vacancies remaining unfilled should or should not be filled up from out of the remaining successful candidates. We see no justification in the stand of the State Public Service Commission that instead of filling up the vacancies by recommending the candidates next in order of merit out of the present list why a fresh selection should be made. We accordingly dispose of this appeal by directing that the number of vacancies remaining to be filled up on account of non-joining of selected candidates for whatever reason shall be out of the present list. This may be done within ten weeks. No costs.
