(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI and call for the records relating to and connected with 0.A.No.9136/2010 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal:Hyderabad, and to quash or set aside the order dated.08-04-2013 in O.A.No.9136 of 2010 by holding as erroneous, and contrary to law and to pass.
IA NO: 1 OF 2013(WPMP 38883 OF 2013
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of orders dated.08-04-2013 in O.A.No.9136 of 2010 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, pending disposal of the writ petition and pass.
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave and permit the petitioner/Respondent No.1 to file counter affidavit and pass)
Tuhin Kumar Gedela, J.
Heard,
Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services-I, for the petitioners/State and Smt.Kavitha Gottipati, learned counsel for respondent No.1/applicant.
1. The present Writ Petition is filed by the State, being aggrieved by the Order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (in short called as “the Tribunal”), in O.A.No.9136 of 2010, dated 08.04.2013, allowing the Original Application in favour of the applicant/1st respondent herein.
2. The parties are arrayed as arrayed before the Tribunal. The conspectus of facts which are germane are capsuled hereunder:
3. The applicant is the 1st respondent in the present Writ Petition. Pursuant to the notification issued by the Commissioner and Director of School Education, notifying four (4) posts of Urdu Pandit (Munshi) Grade-II in DSC-2003, the applicant applied as a non-local candidate, which is admitted. The applicant was successful in the written examination, securing 69.5 marks and that as per Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (hereinafter referred to as “the Presidential Order, 1975”) and also as per G.O.Ms.No.8, General Administration (SPF.A) Department, dated 08.01.2022, 20% of the posts shall be filled up with the non-local candidates and 80% of the posts are reserved for local candidates. The applicant’s version before the Tribunal is that 20% of the posts which are meant for non-locals comes to 0.8 and shall be treated as 01 as per the instructions of the Government, which provides that any fraction more than 0.5 shall be treated as 01. This principle engrafted under G.O.Ms.No.8, dated 08.01.2022.
4. The principal contention which is legally engulfed by the applicant is that he is entitled to be considered to the post of Urdu Pandit (Munshi) Grade-II, as he secured highest marks and since he was denied with the appointment arbitrarily, he filed O.A.No.891 of 2005 before the Tribunal and inter alia the Tribunal disposed of the said O.A. on 26.09.2006, directing the respondents to examine the representation filed by the applicant and to pass orders as per rules within a period of four weeks.
5. It is further submitted by the applicant that, in consonance with the Order passed by the Tribunal, dated 26.09.2006, the applicant submitted representation to the 2nd respondent – the District Educational Officer, who is also the Member Secretary, DSC-2003, ventilating his grievance and bringing to his notice the essential characters of Presidential Order, 1975 and G.O.Ms.No.8, dated 08.01.2002. The applicant further in the Original Application asserts that the Government issued U.O.Note No.237/SPF-A/83-2, dated 20.05.1985, referring to paragraph No.2 that “where there is only one post meant for direct recruitment, it has to be treated as unreserved, which can be filled by local or non-local candidate with reference to the merit”. In view of this assertive terms in the said U.O.Note, the applicant confines his argument that he should have been appointed under open category in view of the above U.O.Note, dated 20.05.1985, and without considering the said application in proper manner, the 2nd respondent issued proceedings which were challenged before the Tribunal, dated 08.05.2007, rejecting the case on the ground that one vacancy among three vacancies, as per the communal roster, were intended for OC(W) and even if it is one vacancy as unreserved cannot be considered.
6. In the said Original Application, the applicant further pleads that, among all the non-local candidates applied for the posts of Urdu Pandit (Munshi) Grade-II, he stands first by securing highest number of marks and as per the Government U.O.Note, dated 20.05.1985, which provides for direct recruitment, in the event there is only one post which has to be treated as unreserved and which can be filled by either local or non-local candidate with reference to the merit. The applicant further asserts that, when there is a provision to select a non-local candidate where there is only one vacancy notified, it is clear that out of three vacancies, one non-local should be selected by selection authorities as per merit and ignoring this legal provision, the 2nd respondent without application of mind, illegally and arbitrarily, rejected the case. Basing on the said legal provisions, the applicant filed O.A.No.9136 of 2010.
7. Before the Tribunal and before this Court, in oppugnation to the said pleadings raised, the counter was filed by the 2nd respondent therein stating that four (4) posts of Urdu Pandit (Munshi) Grade-II in Nellore district were notified as follows:
(i) Roster point No.12 for OC (W) (Ex-service)
(ii) Roster point No.13 for OC (G)
(iii) Roster point No.14 BC-C (W) and
(iv) One backlog vacancy (2001) is reserved for one SC (G).
8. The fact that the applicant/1st respondent secured 69.5 marks is not denied and also there is no refutal regarding the issuance of G.O.Ms.No.8, General Administration (SPF.A) Department, dated 08.01.2002, issued in consonance with the Presidential Order, 1975, which reads as follows:
“In terms of para 8 of the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975, i.e., Presidential Order, referred to in the reference first read above in the case of district Cadres, 80% of the posts under Direct Recruitment are reserved for local candidates, as defined in para-7 of the Presidential Order. The remaining 20% of the posts are open posts for which local and non-locals have to be considered on the basis of combined merit.”
9. In retaliation to the contentions contained in O.A., the petitioners herein stated that as per the Government’s Order, the ratio meant for open competition (local and non-local) and for locals, out of three current vacancies shall be 2.4 and 0.6 respectively. As per the Presidential Order, while determining the number of posts to be reserved in favour of local candidates, any fraction of the post shall be counted as one. Hence, there shall be no earmarking of vacancies for unreserved candidates and all the three vacancies were allotted to local candidates under 80% local quota and basing on this contention, prayed to dismiss the Original Application.
10. The counter further states that, as per the earlier directions of the Tribunal in O.A.No.891 of 2005, the 2nd respondent after considering the entire gamut of facts and circumstances, issued proceedings vide Rc.No.2293/A1/2002, dated 08.02.2007, rejecting the case of the applicant on the ground that he is not eligible for selection to the post of Urdu Pandit (Munshi) Grade-II in DSC-2003 under the 20% non-local quota.
CONSIDERATIONS:
11. Heard both the counsel Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services-I, for the petitioners, and Smt.Kavitha Gottipati, learned counsel for the respondent No.1.
12. After holistic consideration of the facts and legal position, which emerges from the contentions raised by the applicant, revolves and rotates around the Presidential Order, 1975.
13. There is no dispute regarding the notification, notifying four (4) posts and it is not disputed that the applicant/respondent No.1 secured 69.5 marks in the written examination pursuant to the notification so advertised. The counter does not speak about issuance of G.O.Ms.No.8, General Administration (SPF-A) Department, dated 08.01.2002, where it is specifically categorized as to how the percentage to be decided considering the number of posts advertised and as per the said G.O.Ms.No.8, it is specifically stated about reservation in the matter of direct recruitment.
14. For better appreciation, the Presidential Order, 1975, is extracted hereunder:
CHAPTER – 40
(PRESIDENTIAL ORDER 1975) SIX POINT FORMULA
The Six Point Formula was evolved by the Leaders of Andhra Pradesh in consultation with Central Leaders during the year, 1973, in order to remove the misgivings then prevailing about the future of the State. The formula was intended to indicate the basic approach to promote the accelerated development of backward areas, a balanced development of the State as a whole and to provide equitable opportunities to different areas of the State in the State in the matter of Education, Employment and career prospects in Public Services with a view to achieve a fuller emotional integration of the people of the Andhra Pradesh. So far as Public Employment in the State is concerned the formula provides, subject to the requirements of the State as a whole, preference to the local candidates up to a specified extent in the matters of Direct Recruitment and to (i) Non-gazetted posts (other than in the Secretariat, Heads of Depts., State-level Offices and Institutions and Hyderabad City Police), (ii) Corresponding posts under the local bodies and (iii) the posts of Tahsildars, Junior Engineers and Civil Assistant Surgeons (and also to the posts of Motor Vehicle Inspectors, Inspectors of Police and Agriculture Officers as per subsequent amendment). In order to improve their promotion prospects, the formula requires Service Cadres to be organized, to the extent possible on appropriate local basis, up to specified Gazetted level.
The leaders of Andhra Pradesh issued a clarificatory statement on 22nd October, 1973, in which it was laid down that extent of preference for local candidates should in no case be 100%. In the case of IV posts, it was to be 80%. For all other non-Gazetted posts the extent of preference was to be 70% and for Gazetted posts 60%.
In order to give effect to the above guidelines, the Constitution was amended through the Constitution (Thirty-two Amendment) Act, 1973. In pursuance of the provisions of Article 371-D of the Constitution, the President of India issued the Andhra Pradesh Public Employment (Organization of Local Cadres and regulation of Direct Recruitment) Order, 1975. This Order provides for organization of Local Cadres to all Non-Gazetted categories under the and also the specified Gazetted categories.
The Government of Andhra Pradesh have issued several orders on the subject from time to time. However only three important Government Orders are reproduced hereunder for reference.
THE ANDHRA PRADESH PUBLIC EMPLOYMENT (ORGANISATION OF LOCAL CADRES AND REGULATION OF DIRECT RECRUITMENT) ORDER, 1975 - ORDERED.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GENERAL ADMINISTRATION (SPF) DEPARTMENT
G.O. Ms.No.674 Dated: 20th October, 1975.
1. From the Government of India, Ministry of Home Affairs, No.3/1/74-Poll. (K), dated 18-10-75.
ORDER:
The following Order of President of India, G.S.R. 524 (E), dated the 18th October, 1975 is republished:
THE ANDHRA PRADESH PUBLIC EMPLOYMENT (ORGANISATION OF LOCAL CADRES AND REGULATION OF DIRECT RECRUITMENT) ORDER, 1975.
ORDER
G.S.R. 524 (E) in exercise of the powers conferred by clauses (1) and (2) of article 371-D of the Constitution, the President hereby makes, with respect to the State of Andhra Pradesh, the following Order, namely:-
1. SHORT TITLE, EXTENT AND COMMENCEMENT:-
(1) This order may be called the Andhra Pradesh Public Employment, (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force at once.
2. INTERPRETATION:- (1) In this Order, unless the context otherwise requires.
(a) (City of Hyderabad) means the part of the State comprising the territories specified in the First Schedule;
(b) (Direct recruitment) includes recruitment made on a temporary basis but does not include recruitment made in pursuance of any scheme approved by the State Government providing for the regularisation of the services of persons holding posts on a temporary basis before the commencement of this Order;
(c) (local area) in relation to any local cadre, means the local area specified in paragraph 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-paragraph (5) of paragraph 6 of this Order.
(d) (local authority) does not include any local authority which is not subject to the control of the State Government:
(e) (local cadre) means any local cadre of posts under the State Government organised in pursuance of paragraph,3, on constituted otherwise for any part of the State:
(f) (Local candidate) in relation to any local are, means a candidate who qualifies under paragraph 7 as a local candidate in relation to such local area:
(g) (major Development Project) means a development Project the cost on the estimated cost of which exceeds Rs.5 crores and notified as such by the Central Government:
(h) (Schedule) means a Schedule appended to this Order:
(i) (Special Office or establishment) means as Office or Establishment notified as such by Central Government:
(j) (specified gazetted category) means any gazetted category specified in the Third Schedule and includes any other gazetted category notified as such by Central Government:
(k) (State Government) means the government of Andhra Pradesh:
(l) (State-level office or institution) means an office or institution serving, or the jurisdiction of which extends to the State as a whole and notified as such by the Central Government;
(m) (Zone) means a zone specified in the Second Schedule comprising the territories mentioned therein;
(2) The General Clauses Act, 1897 (10 of 1997) applies for the interpretation of this Order as it applies for the interpretation of a Central Act.
3. ORGANISATION OF LOCAL CADRES:- (1) The State Government shall within a period of *twenty-seven months from the commencement of this Order, organise classes of posts in the civil services of and classes of civil posts under the State into different local cadres for different parts of the state to the extent and in the manner, hereinafter provided.
(*Vide G.O.Ms.No. 728, G.A. (SPF.A) Dept., dt.27-10-1977.)
Provided that, notwithstanding the expiration of the said period, the President may by order, require the State Government, whenever he considers it expedient so to do, to organise any classes of posts in the civil services of and classes of civil posts under the State into different Local cadres or different parts of the State.
(vide G.O.Ms.No.34, G.A. (SPF) Dept., dated 24-1-81)
(2) The posts belonging to the category of lower division clerk and each of the other categories equivalent to or lower than that of lower division clerk in each department in each district shall be orgnised into separate cadre.
Explanation:- For the purposes of this sub-paragraph, sub-paragraph (1) of paragraph 6, and sub-paragraph (1) of paragraph 8 a category shall be deemed to be equivalent to or lower than that of a lower division clerk if the minimum of the scale of pay of a post belonging to that category or where the post carries a fixed pay such fixed pay is equal to or lower than the minimum of the scale of pay of a lower division clerk.
(3) The posts belonging to each non gazetted category, other than those referred to in sub-paragraph (2), in each department in each zone shall be organized into a separate cadre.
(4) The posts belonging to each specified gazetted category in each department in each zone shall be organized into a separate cadre.
(5) Notwithstanding anything contained in sub-paragraphs (3) and (4), the State Government may where it considered it expedient so to do and with the approval of the Central government, organize the posts belonging to any of the categories referred to therein, in any department, or any establishment thereof, in two or more contiguous zones into a single cadre.
(6) Notwithstanding anything contained in sub paragraphs (2), (3), (4) and (5), the Central Government; may notify the departments in which and the categories of posts for which a separate cadre has to be organized for the City of Hyderabad and on such notification, the posts belonging to each such category in each such department in the said City (other than those concerned with the administration of areas falling outside the said City) shall be organized into a separate cadre and the posts so organized in pursuance of this paragraph or Constituted otherwise and comprising posts belonging to the category in that department.
(7) In organizing a separate cadre in respect of any category of posts in any department for any part of the State, nothing in this Order shall be deemed to prevent the State Government from organizing on continuing more than one cadre in respect of such category in such department for such part of the State.
(8) Where the Central Government is satisfied that it is not practicable or expedient to organize local cadres under this paragraph in respect of any non gazetted category of posts in any department, it may, by notification, make a declaration to that effect and on such declaration the provisions of this paragraph shall not apply to such category of posts.
4. ALLOTMENT OF PERSONS:- (1) Persons holding posts required to be organized into local cadres shall be allotted to such cadres by the State Government or any officer or authority authorized by it in this behalf in accordance with the principles and procedure hereinafter specified.
(2) In allotting persons to local cadres due regard shall be had to all or any of the following, namely:
(a) the administrative needs of the posts in the local cadres
(b) the need for the composition of balanced local cadres with reference to age and seniority groups;
(c) the length of service of the persons concerned in the part of the State for which the local cadre is organized.
(d) knowledge of the persons concerned of the language spoken and the law in force in the part of the State for which the local cadre is organized;
(e) preference of the persons concerned for allotment to any local cadre, where feasible.
(3) The State Government may, in respect of different departments and different categories of posts, constitute committees to advise on the allotment of persons to local cadres.
(4) Any person aggrieved by an order allotting him to any local cadre may submit a representation to the State Government within a period of sixty days from the Date of communication of the order (5). The State Government shall on receipt of such representation and after consultation with the appropriate committee constituted under sub paragraph (3) make such order as it deems fit.
(5) Provided that wherever such an order is likely to result in the change of allotment of any other person, no such order shall be made without giving an opportunity to that other person to make a representation.
(6) Every order passed by the State Government under sub-paragraph
(5) shall subject to the provisions of clause (3) of article 371 D of the Constitution of India, be final.
5. Local Cadres and Transfer of Persons:-
(1) Each part of the State, for which a local cadre has been organized in respect of any category of posts, shall be a separate unit for purposes of recruitment, appointment, discharge, seniority, promotion and transfer, and such other matters as may be specified by the State Government, in respect of that category of posts.
(2) Nothing in this order shall prevent the State Government from making provision for
(a) the transfer of a person from any local cadre to any Office or Establishment to which this Order does not apply, or Vice Versa.
(b) the transfer of a person from local cadre comprising posts in any Office or Establishment exercising territorial jurisdiction over a part of the State to any other local cadre comprising posts in such part of Vice Versa.
(c) the transfer of a person from one local cadre to another local cadre where no qualified or suitable person is available in the latter cadre for where such transfer is otherwise considered necessary in the Public interest.
(d) the transfer of a person from one local cadre to another local cadre on a reciprocal basis subject to the condition that the persons so transferred shall be assigned seniority in the latter cadre with reference to the date of his transfer to that cadre.
(Vide G.O.Ms.No.34, G.A. (SPF.A) Dept., dt.24-1-81)
6. Local Area:- (1) Each district shall be regarded as a local area.
(i) for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in that district belonging to the category of a lower division clerk or to any other category equivalent to or lower than that of a lower division clerk.
(ii) for direct recruitment to posts in any cadre under any local authority within that district, carrying a scale of pay, the minimum of which does not exceed the minimum of the scale of pay of a lower division clerk or a fixed pay not exceeding that amount.
(2) Each Zone shall be regarded as a local area.
(i) for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in that one belonging to any non gazetted category other than those referred to in sub paragraph (1).
(ii) for direct recruitment to posts in any local cadre comprising all or any of the post in any department in that zone belonging to the categories of Tahsildars, Asst. executive Engineers, Assistant Agricultural Officers, Inspectors of Police and Motor Vehicle Inspectors (Vide G.O.Ms.No.498, dt.16-7-1977 G.O.Ms.No.34, dt.24-1-1981 and G.O.Ms.No.636, G.A. (SPF.A) Dept., dated 30-11-93.)
(iii) for direct recruitment to posts in any cadre under any local authority within that zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of a lower division clerk but does not exceeds Rs.480/- per mensum or a fixed pay which exceeds the minimum of the scale of pay of a lower division clerk but does nto exceed Rs.480/- per mensum or any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time. (G.O.Ms.No.635, G.A. (SPF.A) Dept., dated 30-11-93).
Provided that where a single cadre has been organized for two or more zones under sub paragraph (5) of paragraph 3 of posts belonging to any of the categories referred to in clause (i) or clause (ii) each of such zones shall be regarded as separate local areas in respect of such cadre.
(3) Notwithstanding anything contained in sub-paragraphs (i) and (ii).
(i) the City of Hyderabad shall be regarded as a local area for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in the said City in the departments and belonging to the categories notified under Sub-paragraph (6) of paragraph 3 and the said City shall be excluded from the local area relatable to any other local cadre comprising posts in the departments and belonging to the categories so notified, and
(ii) the City of Hyderabad shall be regarded as a local area for direct recruitment to posts in any cadre under a local authority within the said City comprising posts carrying a scale of pay the minimum of which does not exceed Rs.480/- per mensum or any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time or a fixed pay not exceeding that amount, and the said City shall be excluded from the local area relatable to any cadre under any local authority not within the said City. (G.O.Ms.No. 635, G.A. (SPF.A) Dept., dated 30-11-93)
(4) Notwithstanding anything contained sub-paragrapph (1), (2) and (3)
(i) the districts of Medak, Ranga Reddy and Hyderabad shall be regarded as a local area for direct recruitment ot posts in any cadre under the Hyderabad Urban Development Authority comprising posts, carrying a scale of pay, the minimum of which does not exceed the minimum of the scale of pay of lower division clerk or a fixed pay not exceeding that amount.
(ii) Zone VI shall be regarded as a local area for direct recruitment to posts in any cadre under the Hyderabad Urban Development Authority; comprising posts, carrying a scale of pay, the minimum of which exceeds the scale of pay of a lower division clerk but does not exceed Rs. 480/-per mensum, or a fixed pay which exceeds the minimum of the scale of the pay of lower division clerk but does not exceed Rs.480/- per mensum or any amount corresponding to it as may be specified in this redgard in the successive revisions of pay scales granted by the State Government from time to time.
(Vide G.O.Ms.No.498, G.A. (SPF.A) Dept., dt.16-7-77 and G.O.Ms.No.34, G.A. (SPF.A) Dept., dt.24-1-1981.)
7. Local Candidate:- (1) A candidate for direct recruitment to any post shall be regarded as a local candidate in relation to a local area.
(a) in cases where a minimum educational qualification has been prescribed for recruitment to the post.
(i) if he has studied in an educational institution or educational institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination; or
(ii) where during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared for the relevant qualifying examination he has not studied in any educational institution, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the quaqlifying examination in which he appeared or as the case may be, first appeared.
(b) In cases where no minimum educational qualification has been prescribed for recruitment to the post, if he has resided in that local area for a period of not less than four years immediately preceding the date on which the post is notified for recruitment.
Explanations:- For the purpose of the paragraph.
(i) „educational institution‟ means a University or any educational institution recognized by the State Government, a University or other competent authority;
(ii) relevant qualifying examination in relation to a post means;
(a) the examination, a pass in which is the minimum educational qualification prescribed for the post;
(b) the Matriculation examination or an examination declared by the State Government to be equivalent to the Matriculation examination; whichever is lower; and
(iii) in reckoning the consecutive academic years during which a candidate has studied, any period of interruption of his study by reason of his failure to pass any examination shall be disregarded.
(iv) the question whether any candidate for direct recruitment to any post has resided in any local area shall be determined with reference to the places where the candidate actually resided and not with reference to the residence of his parents or other guardian (Vide G.O.Ms.No.168, G.A. (SPF.A) Dept., dt.10-3-77).
(2) A candidate for direct recruitment to any post who is not regarded as a local candidate under sub paragraph (1) in relation to any local area shall.
(a) in cases where a minimum educational qualification has been prescribed for recruitment to the post.
(i) if he has studied in educational institutions in the State for a period of not less than seven consecutive academic years ending with academic year in which he appeared or as the case may be, first appeared for the relevant qualifying examination, be regarded as a local candidate in relation to
(1) Such local area where he has studied for the maximum period out of the said period of seven years; or
(2) where the periods of his study in two or more local areas are equal, such local areas where he has studied last in such equal periods;
(ii) if during the whole or any part of the seven consecutive academic years ending with the academic years in which he appeared or as the case may be first appeared for the relevant qualigying examination, he has not studied in the educational institutions in any local area, but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to
(1) such local area where he has resided for a maximum period out of the said period of seven years: or
(2) where the periods of his residence in two or more local areas are equal, such local areas where he has resided last in such equal periods;
(b) In cases where no minimum educational qualification has been prescribed for recruitment to the post, if he has resided in the State for a period of not less than seven years immediately preceding the date on which the post is notified for recruitment, be regarded as a local candidate in relation to
(i) such local area where he has resided for the maximum period out of the said period of seven years; or
(ii) where the periods of his residence is two or more local areas are equal such local area where he has resided last in such equal periods. (G.O.Ms.No.168, dated 10-3-1977)
8. Reservation in the matter of direct recruitment:-
(1) 80% of the posts to be filled by direct recruitment at any time.
(a) in any local cadre under the State Government camprising posts belonging to the category of lower division clerk or a Category equivalent to or lower than that lower division ?Clerk; and
(b) in any cadre under a local authority comprising post carrying a scale of pay the minimum of which, or a fixed pay which does not exceed the minimum of the scale of pay or lower division clerk, shall be reserved in favour of local candidates in relation to the local area in respect of such cadre.
(2) 70% of the posts to be filled by direct recruitment at any time;
(a) in any local cadre under the State Government comprising posts belonging to non-gazetted categories other than those referred to in item
(a) of sub-paragraph (1) and
(b) in any cadre under a local authority comprising posts carrying a scale of pay, the minimum of which, or a fixed pay which exceeds the minimum of the scale of pay of a lower division clerk, but does not exceed Rs.480/- per mensum on any amount corresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time shall be reserved in favour of local candidates in relation to the local area in respect of such cadre. (G.O.Ms.No.635, G.A. (SPF.A) Dept., dated 30-11-93.)
(3) 60% of the posts to be filled by direct recruitment at any time in any local cadre under the State Government comprising posts belonging to the categories of Tahsildars, Assistant Executive Engineers, Assistant Agricultural Officers, Inspector of Police and Motor Vehicle Inspectors shall be reserved in favour of local candidates in relation to the local area in respect to of such cadre. (G.O.Ms.No. 498, G.A. (SPF.A) Dept., dt.16-7-1977) (G.O.Ms.No. 34, G.A. (SPF.A) Dept., dt.24-1-1981) (G.O.Ms.No. 635, G.A. (SPF.A) Dept., dt.30-11-1993)
(4) Notwithstanding anything contained in sub-paragraph (2) or sub-paragraph (3) where, in respect of any of the categories referred to in the said paragraphs a single cadre has been organized for two or more zones under sub-paragraph (5) of paragraph 3, 70% or as the case may be, 60% of the posts to be filled by direct recruitment at anytime in such cadre shall be reserved in favour of and allocated amongst the local candidates in relation to each of the local areas in respect of such cadre in the ratio specified in the Second Schedule against the zone comprising each such local area.
(5) 60% of the posts under the State Government belonging to the category of Civil Assistant Surgeons to be filled by direct recruitment at any time shall be reserved in favour of and allocated amongst the local candidates in relation to the local area specified in column (1) the Table below in the respective ratios specified in the corresponding entry in column (2) thereof.
(6) While determining under this paragraph the number of posts to be reserved in favour of Local candidates any fraction of a post shall be counted as one.
(7) While allocating under sub-paragraph (4) or sub-paragraph (5) the reserved posts amongst the candidates in relation to different local areas fractions of a post shall be adjusted by counting successively the fractions in descending order of magnitude as one and where the fraction to be so counted cannot be selected by reason of the fractions being equal the selection shall be by lot.
(8) Notwithstanding any thing contained in the foregoing provisions of this paragraph.
(a) there shall be at least one post left unreserved out of the post filled by direct recruitment at any time to any local cadre; and
(b) there shall be, as far as possible, at least one post allocated for the local candidates in respect of each local area.”
15. As could be seen from the above paragraph No.8 of the Presidential Order, 1975 at sub-clause (6), it is provided that “while determining under this paragraph the number of posts to be reserved in favour of local candidates any fraction of a post shall be counted as one”. This Bench, in a recent judgment dated 08.04.2026, in Writ Petition No.9248 of 2026, dated 08.04.2026, has dealt with the similar issue.
(emphasis supplied)
16. In V.Jagannadha Rao and others vs. State of A.P. and others((2001) 10 SCC 401), the Hon’ble Supreme Court, in paragraph 12, held as follows:
“12. ….It is contrary to all rules of construction to read words into an Act unless it is absolutely necessary to do so. (See Stock vs. Frank Jones (Tiptan) Ltd. (1978 [1] All.ER 948 (HL). Similarly, it is wrong and dangerous to proceed by substituting some other words for words of the statute. (See Pinner Vs. Everett (1969 [3] All.ER 257). In other words, there should be no attempt to substitute or paraphrase of general application. Attention should be confined to what is necessary for deciding a particular case. Much trouble is made by substituting other phrases assumed to be equivalent, which then are reasoned from as if they were in the Act."
17. Again, the Hon’ble Supreme Court, in paragraph 13, held as follows:
“13. ….At the outset, it may be noticed that Article 371-D (10) of the Constitution unequivocally indicates that the said Article and any order made by the President thereunder shall have effect notwithstanding anything in any other provision of the Constitution or in any other law for the time being in force. Necessarily, therefore, if it is construed and held that the Presidential Order prohibits consideration of the employees from the feeder category from other units then such a rule made by the Governor under the proviso to Article 309 of the Constitution will have to be struck down.”
18. For better appreciation, G.O.Ms.No.8, General Administration (SPF-A) Department, dated 08.01.2022, is extracted hereunder:
“GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Andhra Pradesh Public Employment (Organisation of Local Cadres and Regularization on of Direct Recruitment) Order 1975 manner of Selection of Local Candidates procedure-Further Instructions-Issued.
General Administration (SPF-A) Department
G.O.Ms.No.8 Dated:08-01-2002
S.T.U., A.P. DAIRY 2003 2002 G.O.s
---
1. G.O.Ms. No. 674, GA (SPF-A) Department, dated 20-10-75.
2. G.O.Ms. No. 729, GA(SPF-A) Department, Dt 01-11-75.
3. G.O.P.No. 763, GA (SPF-A) Department, Dt 15-11-1975.
4. U.O. Note No. 237/SPF-A/85-2, GA (SPF-A) Dept, Dated 20-5-1985.
5. G.O.Ms.No. 2, GA (SPF-A) Department, dt 3-1-2002.
---
ORDER:
In terms of para 8 of the Andhra Pradesh Public Employment (organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975, i.e., Presidential Order, referred to in the reference first read above, in the case of district Cadres, 80% of the posts under Direct Recruitment are reserved for local candidates, as defined in para-7 of the presidential Order. The remaining 20% of the posts are open posts for which local and non-locals have to be considered on the basis of combined merit. This aspect has already been clarified in the U.0. Note fourth read above, The Government have also issued instructions in the G.O. third read above on the manner in which the posts have to be filled up.
2. Government have re-examined the matter of filing of the posts as pre-scribed in the G.O. third read above. Accordingly it is decided that while filling up of the posts under Direct Recruitment, the first 20% of posts should be filled following combined merit list of locals and non-locals and, thereafter, the remaining 80% of the posts shall be filled up by locals only. However, while filling up of the posts the special representation under rules 22 of the A.P. State and subordinate Service rules shall be followed suitably.
3. Accordingly the following amendment is issued to the procedure prescribed in paras 3 and 4 of annexure I to the G.O. (P) No. 763 General Administration (SPF-A) Department, dated 15-11-1975.
4. In respect of the annexures - II & III to the G.O. 3rd read above orders will be issued separately.
AMENDMENT
5. In the said orders, in the Annexure - 1.
i) for paragraphs 3 and 4 the following shall be substituted namely.
Para 3 : The Provisional lists shall be divided into two parts, The first part will comprise first 20% of the List. The Second part will comprises the balance 80%. In case the provisional list does not contain any non-local candidate in the second part, the list shall be approved.
Para 4 : If however on the scrutiny referred to in para 3 it is found that there are non-local Candidates in the second part of the list, then these candidates shall be removed and replaced by local candidates ensuring that the rule of reservation is followed.
ii) the illustrations there under shall be omitted. (By order and in the Name of the Governor of A.P.) P.V. Rao,
Chief Secretary to Government.”
19. Here, admittedly in the Original Application before the Tribunal, it clearly demonstrates that 20% of the posts which are reserved for non-local candidates as per Presidential Order, 1975, comes to 0.8 and the same has to be treated as 01. Even as per the counter, the number of posts are three notified under different roster points and in any case, one post shall be notified for unreserved i.e., for both local and non-local candidates as per the Presidential Order, 1975. Admittedly, the 2nd respondent rejected the case of the applicant stating that his case cannot be considered for appointment under the non-local category, as no post is reserved.
20. The Tribunal, after a thorough consideration of these facts and circumstances and also the current vacancies notified including G.O.Ms.No.8, dated 08.01.2002, observed in paragraph No.9 that, “if 80% is reserved for locals, out of 03 vacancies, it comes to 2.4 posts which is equivalent to 02 posts. As the fraction less than 0.5 shall be treated as „0‟ and 20% vacancies comes to 0.6, which has to be rounded off to 01. Therefore, the calculation given by the Respondents that 80% comes to 2.6 is not correct. Since the applicant secured 69.5 marks, the Respondents ought to have considered him for appointment in OC-General category. The respondents further contended that, there are no local candidates, therefore, they could not fill up those posts and they are carry forwarded to next DSC. But as per the calculation in pursuance to G.O.Ms.No.8, dated 08.01.2002, the applicant is entitled to be considered for appointment”.
21. As observed above, as per the Presidential Order, 1975, one post has to be necessarily reserved for unreserved (local and non-local). As per G.O.Ms.No.8, dated 08.01.2002 and as per the clarificatory note issued by the Government, vide U.O.Note No.237/SPF-A/83-2, dated 20.05.1985, 20% of the posts reserved for non-locals to be considered as 0.6 and when rounded off, it comes to 01 which should be treated as one post. The Presidential Order cannot be given a go-by or ignored and any recruitment need to be strictly adhered to what is stated in the Presidential Order. It is no more res integra that any act need to be done as per the statute and not otherwise.
22. This principle is established way back in Nazir Ahmad vs. The King Emperor ((1936) 38 Bom LR 987) in Privy Council Appeal No.11 of 1936, decided on 16.06.1936, wherein it was held that it is a well recognized rule of construction that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all – other methods of performance are necessarily forbidden.
23. The said principle is followed in the judgment of the Hon’ble Supreme court in Central Coalfields Limited and another vs. SLL-SML (Joint Venture Consortium) and others((2016) 8 SCC 622), wherein, at paragraph 52, it was held as follows:
“52. There is a wholesome principle that the courts have been following for a very long time and which was articulated in Nazir Ahmad vs. King Emperor namely “Where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden.””
24. In the present case, it can be safely held that the Presidential Order, 1975; G.O.Ms.No.8, General Administration (SPF.A) Department, dated 08.01.2022; and the clarificatory instructions issued by the Government were totally ignored, while considering the case of the applicant and the denial is smacked with arbitrariness and illegality.
25. The Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975, is adumbrated through Article 371-D of the Constitution of India and the said fabric cannot be denuded and any infraction of the said Order will result in grave injustice and arbitrariness.
26. The object of enacting Article 371-D is twofold:
i. To promote equal development of the backward areas of the State of Andhra Pradesh, so far as to secure balanced development of the State as a whole.
ii. To provide equitable opportunities to different areas of the State in the matter of education, employment and career prospects in public service.
(This was observed to be so in Chief Justice of Andhra Pradesh and others vs. L.V.A. Dixitulu and Others [AIR 1979 SC 193].
27. It is no doubt as per the pleadings in the Original Application that the applicant applied for the post of Urdu Pandit (Munshi) Grade-II as a non-local candidate. The respondents cannot ignore the legal spectrum, which is glaring against them. In view of the Presidential Order, 1975, G.O.Ms.No.8, dated 08.01.2022 and U.O.Note, dated 20.05.1985, issued by the Government regarding treating 01 post as unreserved and thereby entitles the applicant to the post under the unreserved category, which is meant for both local and non-local candidates. The rejection of the case of the applicant/respondent No.1 is prima facie and ex facie illegal and arbitrary.
28. In fine, the Order of the Tribunal needs no interference and is upheld, and the Writ Petition is dismissed as devoid of merit. The petitioners are directed to consider the case of the 1st respondent/applicant for appointment to the post of Urdu Pandit (Munshi) Grade-II under the OC-General category (unreserved), as non-local candidate and pass necessary orders within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
29. As a sequel, Miscellaneous Applications pending, if any, shall stand closed.
 |
This Product is Licensed to , |