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J. Ashoh Kumar v. State of Andhra Pradesh and Ors.

Dismissed
Court
Supreme Court of India
Decided
23 April 1996
Bench
K. Ramaswamy, G. B. Pattanaik
Result
Petition dismissed.

Headnote

Se1vice Law :

A.P. Excise Se1vice Rules.

Selection to Group I Se1vice-Direct recmitment-Assistant Excise Su-pelintendent-Weightage of 5% marks to N. C. C. candidates-A candidate with NCC qualification not given the weightage-Tlibunal dismissing his petition-Held, the candidate eligible and should have been given the weightage-However since the selection is already over and appointments made, relief not given to the petitioner.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

Mr. L.N. Rao, learned counsel appearing for the petitioner contends "that under G.O. Ms. No. 1136, dated September 13, 1986 rule 4 of the AP. Excise Service Rules was amended given weightage of 5% of the marks for selection to an NCC candidate and that the petitioner had appeared for p the post of Assistant Excise Superintendent, Group I Service, by direct recruitment. He should have been given weightage of 5% marks and the Tribunal was unjustified in dismissing his petition. We find force in his contention. Any candidate appeared for the selection even for direct recruitment would be eligible to be considered for the weightage provided to candidate having NCC qualification. But since the selection has already been over and candidates were selected and appointed, we cannot give the benefit to the petitioner.

The Special Leave Petition is accordingly dismissed.

Case details

Arising from

CIVIL APPELLATE JURISDICTION : Special Leave to Appeal (C) No. 1492 of 1994.

From the judgment and Order dated 2.8.93 of the Andhra Pradesh Administrative Tribunal, in O.A. No. 17698 of 1991.

Appearances

L.N. Rao and R.P. Singh for the Petitioners.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.