Constitution of India, Clauses (1) and (2) of Article 371D – Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 – Telangana State and Subordinate Service Rules, 1996, Rule 22 – Service Law – Recruitment – Post of junior lecturers –Respondent nos.1 and 2 belong to Roster Point No.2 (Scheduled Caste Women) – Respondent no.1, being a local, sought her first preference for Zone VI, while it was the second choice for respondent no.2, after Zone V – Respondent no.2 on merit obtained 35th rank while respondent no.1 stood at49th rank – Respondent no.1 filed a writ petition inter alia contending that the ratio has to be at 40:60, and she being a local with her first preference under Zone VI ought to have been recruited as against respondent no. 2 – The learned Single Judge proceeded to allow the writ petition by fixing the ratio at 40:60and held that there was no basis for fixing the reservation, while respondent no. 2 ought not to have been permitted to be considered under Zone VI, that being her second preference – In terms of amendment made to G.O.P No. 763 dated 15.11.1975 vide GOMs No. 124 dated 07.03.2002 30% of the postsmeant for both locals and non-locals have to be mandatorily filled up first before going for the remaining 70% – Similarly, the Government clarified vide GOMs No. 924 dated 12.12.2007 that all the departments are duty bound to complete recruitment process by adopting the 30:70 ratio – Held that the High Court fell into an error in not only adopting a wrong ratio but also fixing 70% first – On a reading of the notification, it is amply clear that a candidate is not non-suited from being considered in another zone subject to the only condition that it should form part of the option that she has exercised – This is exactly what respondent no.2 did – Held that the appellant has correctly followed the mandate of law – Impugned order passed by the Division Bench and that of the learned Single Judge of the liable to be set aside by restoring the recruitment made in favour of respondent no. 2. (Para 9, 10, 13 and 15)
SUPREME COURT OF INDIA
2024 STPL(Web) 150 SC
[2024 INSC 176]
Telangana Residential Educational Institutions Recruitment Board Vs. Saluvadi Sumalatha & Anr.
Civil Appeal Nos. of 2024 [Arising out of SLP (C) Nos. 16134-16135 of 2022]-Decided on 05-03-2024
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