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Service & Administrative LawSupreme Court of India

M. Surender Reddy v. Govt. of A.P.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5099 of 2006)Decided 18 Feb 2015
Civil Appeal No. 5099 of 2006
Justice Sudhansu Jyoti Mukhopadhaya · Justice V. Gopala Gowda

Background

Following a 1999 advertisement by the Andhra Pradesh Public Service Commission for Group-II posts, selections were made for executive and non-executive posts over several rounds between 2000 and 2002. In March 2002, the State Government issued G.O.Ms. No. 124, changing the formula for how many posts in a selection list had to go to "local candidates" versus a combined merit list. The Andhra Pradesh Administrative Tribunal directed that this new G.O. be applied to re-cast the already-prepared merit list, and the High Court upheld this direction, which would have disturbed appointments already made to several meritorious candidates (including the appellants).

Decision Breakdown

The Supreme Court held that G.O.Ms. No. 124 of 2002 could only operate prospectively, not retrospectively, because the Presidential Order of 1975 (under which the State Government's reservation powers derive) did not authorise the State Government to issue such orders with retrospective effect, and there was no express or implied language in G.O.Ms. No. 124 itself indicating retrospective application. The Court further held that a procedural rule governing reservation in selection cannot be applied retrospectively once the selection process has already begun. Consequently, G.O.Ms. No. 124 could not be used to disturb the selection process begun under the 1999 advertisement, and the Tribunal had erred in directing a re-cast of the merit list. The Tribunal's order and the High Court's judgment upholding it were set aside, and the appeals were allowed with a direction that the remaining vacant posts be filled under the rules as they stood in 1999.

Lesson Learnt

A government order changing selection/reservation procedure generally applies only going forward, not to selection processes already underway: authorities cannot retroactively reshuffle a merit list and disturb appointments already made unless the law clearly says so.

M. Surender Reddy v. Govt. of A.P. – Legal Case Shots | LegalAware