# AP. PUBLIC SERVICE COMMISSION v. PRASADA RAO AND ORS

- **Citation:** [2010] 2 S.C.R. 1167
- **Court:** Supreme Court of India
- **Decided:** 2010-02-25
- **Case number:** Civil Appeal No. G 4129 of 2006
- **Bench:** V.S. Sirpurkar, Dr. Mukundakam Sharma
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ap-public-service-commission-v-prasada-rao-and-ors-26587
- **Pages:** 5

## Headnote

A
B
Service Law - Selection - Select list prepared.by Andhra
Pradesh Public Service Commission - Directions issued by C
Tribunal, affirmed by High Court - On appeal, said directions
suitably modified by Supreme Court.
Dispute arose with regard to the select list prepared
by the Andhra Pradesh Public Service Commission, and
0
certain directions were issued by the Tribunal, which
were affirmed by the High Court. Hence the present
appeals.
Disposing of the appeals, the Court
HELD:1. There is force in the argument that the
directions issued by the Tribunal which are also affirmed
by the High Court would create complications and
therefore in modification of the orders passed by the
Tribunal and affirmed by the High Court, it is directed:
E
F
(i)
That the select list which was prepared by the
Andhra Pradesh Public Service Commission
pursuant to the judgment and order of this
Court dated 14.09.2006 in Civil Appeal No.
G
4129 of 2006 and which is contained in the
official records of the Public Service
Commission is restored and that appointment
shall be given effect to by the competent
1167
H
-A
B
c
D
E.
F
G
H
1168
SUPREME COURT REPORTS
[2010] 2 S.C.R.
authority in terms of the seniority position
ascribed in the said select list as contained in
the official records of the Public Service
Commission but subject to the condition that
all those candidates who are shown to have
been selected for the post mentioned in the
select list as prepared by the Andhra Pradesh
Public Service Commission and amongst
them, who have pursuant to the same joined
their posts be given an option either to retain
their existing position and post to which they
were selected pursuant to the notification No.
5/1998 for Group-I services or to opt for a new
post now being offered pursu.ant to this order;
(ii)
That such a candidate shall be ordered to
exercise his option within a time frame as
stipulated by the Public Service Commission.
The Commission would thereafter act in
accordance with the rules and in accordance
with the law in terms of the aforesaid option so
exercised and give effect to the same. It is also
made clear that no option is required to be
called for or obtained from the candidates who
are being given offer of appointment for the
first time pursuant to the selection and in
accordance with the merit position in the
select list which has already been prepared;
and
(iii)
That after giving effect to the selection in terms
of clauses (i) and (ii) above, the vacancies, if
any, would then be filled up by the candidates
from the select list/merit list in accordance with
their merit and rules of reservation as per the
options given earlier or by giving similar
A.P. PUBLIC SERVICE COMMISSION v. PRASADA 1169
RAO AND ORS.
option to the candidates selected and working A
in some other post. [Para 3] [1169-H; 1170-AH; 1171-A-B]
1.2. The selected candidates who are being
appointed for the first time would only be entitled to give 8
fresh option and the candidates who had already
exercised their option would not be entitled to give any
fresh option. [Para 4] [1171-C]

## Text

[2010] 2 S.C.R. 1167
AP. PUBLIC SERVICE COMMISSION
v.
PRASADA RAO AND ORS.
(Civil Appeal No. 2043-2046 of 201 O )
FEBRUARY 25, 2010
[V.S. SIRPURKAR AND DR. MUKUNDAKAM
SHARMA, JJ.]
A
B
Service Law - Selection - Select list prepared.by Andhra
Pradesh Public Service Commission - Directions issued by C
Tribunal, affirmed by High Court - On appeal, said directions
suitably modified by Supreme Court.
Dispute arose with regard to the select list prepared
by the Andhra Pradesh Public Service Commission, and
0
certain directions were issued by the Tribunal, which
were affirmed by the High Court. Hence the present
appeals.
Disposing of the appeals, the Court
HELD:1. There is force in the argument that the
directions issued by the Tribunal which are also affirmed
by the High Court would create complications and
therefore in modification of the orders passed by the
Tribunal and affirmed by the High Court, it is directed:
E
F
(i)
That the select list which was prepared by the
Andhra Pradesh Public Service Commission
pursuant to the judgment and order of this
Court dated 14.09.2006 in Civil Appeal No.
G
4129 of 2006 and which is contained in the
official records of the Public Service
Commission is restored and that appointment
shall be given effect to by the competent
1167
H
-A
B
c
D
E.
F
G
H
1168
SUPREME COURT REPORTS
[2010] 2 S.C.R.
authority in terms of the seniority position
ascribed in the said select list as contained in
the official records of the Public Service
Commission but subject to the condition that
all those candidates who are shown to have
been selected for the post mentioned in the
select list as prepared by the Andhra Pradesh
Public Service Commission and amongst
them, who have pursuant to the same joined
their posts be given an option either to retain
their existing position and post to which they
were selected pursuant to the notification No.
5/1998 for Group-I services or to opt for a new
post now being offered pursu.ant to this order;
(ii)
That such a candidate shall be ordered to
exercise his option within a time frame as
stipulated by the Public Service Commission.
The Commission would thereafter act in
accordance with the rules and in accordance
with the law in terms of the aforesaid option so
exercised and give effect to the same. It is also
made clear that no option is required to be
called for or obtained from the candidates who
are being given offer of appointment for the
first time pursuant to the selection and in
accordance with the merit position in the
select list which has already been prepared;
and
(iii)
That after giving effect to the selection in terms
of clauses (i) and (ii) above, the vacancies, if
any, would then be filled up by the candidates
from the select list/merit list in accordance with
their merit and rules of reservation as per the
options given earlier or by giving similar
A.P. PUBLIC SERVICE COMMISSION v. PRASADA 1169
RAO AND ORS.
option to the candidates selected and working A
in some other post. [Para 3] [1169-H; 1170-AH; 1171-A-B]
1.2. The selected candidates who are being
appointed for the first time would only be entitled to give 8
fresh option and the candidates who had already
exercised their option would not be entitled to give any
fresh option. [Para 4] [1171-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
2043-2046 of 2010.
C
From the Judgment & Order dated 8.10. 2007 of the High
Court of Andhra Pradesh in Wirt Nos. 17397, 17398, 17399
and 17 400 of 2007.
WITH
C.A. No. 2047 of 2010.
Altaf Ahmad, R. Sundervardhan, Shyam Divan, H.S.
D
Gururaja Rao, Guntur Prabhakar, Y. Rajagopala Rao, Y.
E
Ramesh, Y. lsmai Rao, R. Santhan Krishnan, Praveen K.
Pandey (for D. Mahesh Babu), 0. Bharathi Reddy, Anuradha
Rustogi, G.V.R. Choudhary K. Shivraj Chaudhuri, Y. Ramesh,
Y. Vismai Rao, C.S.N. Mohan Rao, Satish Galla, N. Rajaraman
for the appea~in parties.
The Judgment of the Court was delivered by
V.S. SIRPURKAR, J. 1. Leave granted.
F
2. Having heard all the learned counsel appearing for the
parties, we are of the considered opinion that these appeals G
could be disposed of by a common judgment and order as the
facts of these appeals are similar.
3. We find force in the arguments of some of the counsel
1
appearing for the parties that the directions issued by the
H/
1170
SUPREME COURT REPORTS
[2010] 2 S.C.R.
A Tribunal which are also affirmed by the High Court would create
complications and therefore in modification of the orders
passed by the Tribunal and affirmed by the High Court, we pass
the following orders:-
B
c
D
E
F
G
H
(i)
We direct that the select list which was prepared
by the Andhra Pradesh Public Service Commission
pursuant to the judgment and, order of this Court
dated 14.09.2006 in Civil Appeal No. 4129of2006
and which is contained in the official records of the
Public Service Commission is restored and that
appointment shall be given effect to by the
competent authority in terms of the seniority position
ascribed in the said select list as contained in the
official records of the Public Service Commission
but subject to the condition that all those candidates
who are shown to have been selected for the post
mentioned in the select list as prepared by the
Andhra Pradesh Public Service Commission and
amongst them, who have pursuant to the same
joined their posts be given an option either to retain
their existing position and post to which they were
selected pursuant to the notification No. 5/1998 for
Group-I services or to opt for a new post now being
offered pursuant to the order passed today.
(ii)
Such a candidate shall be ordered to exercise his
option within a time frame as stipulated by the
Public Service Commission. The Commission
would thereafter act in accordance with the rules
and in accordance with the law in terms of the
aforesaid option so exercised and give effect to the
same. It is also made clear that no option is
required to be called for or obtained from the
candidates who are being given offer of
appointment for the first time pursuant to the
selection and in accordance with the merit position
AP. PUBLIC SERVICE COMMISSION v. PRASADA 1171
RAO AND ORS. [VS. SIRPURKAR, J.]
in the select list which has already been prepared. A
(iii)
That after giving effect to the selection in terms of
clauses (i) and (ii) above, the vacancies, if any,
would then be filled up by the candidates from the
select list/merit list in accordance with their merit
/
and rules of reservation as per the options given 8
earlier or by giving similar option to the candidates
selected and working in some other post.
4. The selected candidates who are being appointed for
the first time would only be entitled to give fresh option and the C
candidates who had already exercised their option would not
be entitled to give any fresh option.
5. In terms of the aforesaid order and directions, the
appeals stand disposed of.
D
B.B.B.
Appeals disposed of.