Roster Points: Direct recruitment and promotions Amendments to Rule 22

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

NOTIFICATIONS BY GOVERNMENT

Public Services Andhra Pradesh State and Subordinate Service Rules, 1996 – Implementation of Horizontal Reservation to Women, Persons with Benchmark Disabilities, Ex-Servicemen and Meritorious Sportspersons in the matter of direct recruitment and promotions and Amendments to Rule- 22-Orders/Notification – Issued.

GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No.77 Dated The 2nd August, 2023 

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Read the following:-

1. Judgment, dated 28 July, 1995 of the Hon’ble Supreme Court of India, New Delhi in the Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And Ors on Equivalent citations: 1995 SCC (5) 173, JT 1995 (5) 505.

2. Judgment, dated 18.7.2007 of the Hon’ble Supreme Court of India, New Delhi, in Rajesh Kumar Daria Vs. Rajasthan Public Service Commission (2007(8)(SCC 785). 

3. Judgment, dated 03.06.2010 of the Hon’ble Supreme Court in Public Service Commission, Uttaranchal vs. Mamta Bisht (2010(12) SCC 204). 

4. Order, dated 07-11-2022 of the Hon’ble Supreme Court of India, New Delhi, in Writ Petition (Civil) No. 55 of 2019, Janhit Abhiyan Versus Union of India.

5. G.O.Ms.No.436, G.A. (Ser.D) Deptt., dated 15-10-1996.

6. G.O.Ms.No.175, Home (Genl.C) Deptt., dated 10-02-2005.
7. G.O.Ms.No.310, G.A. (Ser.D) Dept., dated 19.7.2005.
8. G.O.Ms.No.23, Dept. for WCDA&SC (DW), dated 26.05.2011.
9. G.O.Ms.No.42, Dept. for WCDA&SC (DW), dated 19.10.2011.
10. G.O.Ms.No.74, Youth, Advancement, Tourism and Culture (Sports) Department, dated 9.8.2012.
11. G.O.Ms.No.99, G.A. (Ser.D) Dept., dated 04.03.2013.
12. G.O.Ms.No.40, Dept. for WCDA&SC (Prog.II), dated 25.07.2016.
13. G.O.Ms.No.17, Youth, Advancement, Tourism and Culture (Sports&YS) Department, dated 9.8.2017.
14. G.O.Ms.No.188, G.A. (Ser.D) Dept. dated 18.12.2017.
15. G.O.Ms.No.13, G.A. (Ser.D) Dept., dated 23.01.2018.
16. G.O.Ms.No.63, G.A. (Ser.D) Dept., dated 17.04.2018.
17. G.O.Ms.No.60, B.C. Welfare (F) Dept, dated 27.7.2019.
18. G.O.Ms.No.2, Dept. for WCDA&SC, dated 19.02.2020.
19. Judgement dated 05.03.2021 of the Hon’ble Court of Andhra Pradesh in W.P. 23770 of 2017 and batch cases.
20. G.O.Ms.No.65, G.A.(Ser.D) Dept., dated 14.7.2021.
21. G.O.Ms.No.66, G.A.(Ser.D) Dept., dated 14.7.2021.
22. G.O.Ms.No.73, G.A.(Ser.D) Dept., dated 4.8.2021.
23. G.O.Ms.No.121, G.A.(Ser.D) Dept. dated 12.10.2022.
24. G.O.Ms.No.140, G.A.(Ser.D) Dept., dated 16.11.2022.
25. G.O.Ms.No.36, G.A.(Ser.D) Dept., Dated 29.03.2023.
26. From the Prl. Secretary to Govt., Social Welfare Department and Chairperson of the Committee to study Horizontal Reservations Lr.No.1841934/PESHI/2023, dated 10.04.2023. 

ORDER:
(I) Background 

In the judgment first read above, the Hon’ble Supreme Court of India, New Delhi, in Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And Ors on Equivalent citations: 1995 SCC (5) 173, JT 1995 (5) 505 has disposed of the case with the following directions:-

“…….. Now, coming to the correctness of the procedure prescribed by the revised notification for filling up the seats, it was wrong to direct the fifteen percent special reservation seats to be filled up first and then take up the O.C. (merit) quota (followed by filling of O.B.C., S.C. and S.T. quotas). The proper and correct course is to first fill up the O.C. quota (50%) on the basis of merit: then fill up each of the social reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied – in case it is an over-all horizontal reservation – no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates there from. (If, however, it is a case of compartmentalised horizontal reservation, then the process of verification and adjustment/accommodation as stated above should be applied separately to each of the vertical reservations. In such a case, the reservation of fifteen percent in favour of special categories, overall, may be satisfied or may not be satisfied.) Because the revised notification provided for a different method of filling the seats, it has contributed partly to the unfortunate situation where the entire special reservation quota has been allocated and adjusted almost exclusively against the O.C. quota.

“In this connection, we must reiterate what this Court has said in Indra Sawhney. While holding that what may be called “horizontal reservation” can be provided under clause (1) of Article 16, the majority judgment administered the following caution in para 744: “(B)ut at the same time, one thing is clear. It is in very exceptional situation – and not for all and sundry reasons – that any further reservations of whatever kind, should be provided under clause (1). In such cases, the State has to satisfy, if called upon, that making such a provision was necessary (in public interest) to redress the specific situation. The very presence of clause (4) should act as a damper upon the propensity to create further classes deserving special treatment. The reason for saying so is very simply. If reservations are made both under clause (4) as well as under (1), the vacancies available for free competition as well as reserved categories would be correspondingly whittled down and that is not a reasonable thing to do”. Though the said observations were made with reference to clauses (1) and (4) of Article 16, the same apply with equal force to clauses (1) and (4) of Article 15 as well. In this case, the reservation of fifteen percent of seats for special categories was on very high side. As pointed out above, two categories out of them representing six percent out of fifteen percent are really reservations under Article 15(4), wrongly treated as reservations under Article 15(1). Even otherwise, the special reservation would be nine percent. The respondents would be well advised to keep in mind the admonition administered by this Court and ensure that the special reservations (horizontal reservations) are kept at the minimum.

“Having pointed out the errors in the rule of reservation and its implementation, the question arises what should be done now? Should we interfere with the admissions already finalised? We think it inadvisable to do so. It may be remembered that the admissions now finalised (in June- July, 1995) are really the admissions which ought to have been finalised one year back. The delay has occurred on account of the first faulty notification (issued on May 17, 1994). When a writ petition was filed in this court – probably some writ petitions in the High Court also – the Government realised its mistake and issued the revised notification on December 17, 1994. It dropped the reservation in favour of women in stages. The University had then to issue a corrigendum asking the special category candidates to indicate their social status. This was a delayed exercise which ought to have been undertaken at the beginning itself. Even the manner in which the seats have been filled up, as indicated above, is faulty. What we have laid down herein is more for the purpose of future guidance for the respondents. At the same time, we have to rectify the injustice done to the open competition candidates in the admissions in question, to the extend feasible. Accordingly, we direct that in the matter of admissions made pursuant to C.P.M.T.1994, while the admissions already finalised shall not be disturbed, the Uttar Pradesh Government shall create thirty four additional seats in the M.B.B.S. course and admit thirty four students from the O.C. category against those seats. If any seats are vacant as on today, they shall also be filled from the O.C. category alone. (It is made clear that O.C. category means the merit list and no distinction shall be made among the candidates in the O.C. list on the basis of their social status because it is well settled that even a S.T./S.C./O.B.C. candidate is entitled to obtain a seat in the O.C. category on the basis of his merit.) The counsel for the petitioners complain that fifty four students belonging to O.C. category have been deprived on account of respondents’ faulty actions and that it should be directed to be made up. We cannot agree. The factual basis of this submission is debatable in view of the ambiguity mentioned hereinbefore. We have directed creation of thirty four seats (making a total of 780 seats this year) having regard to all the facts and circumstances of the case. This creation of additional seats is restricted to current admissions only and shall not be a permanent feature. The Uttar Pradesh Government/concerned authorities shall allocate the said thirty four additional seats appropriately among the governmentmedical colleges and make admissions thereto as early as possible.

“We hope and trust that the respondents will ensure that a similar situation does not arise for the ensuing admissions.

“The writ petitions are disposed of with the above terms. No costs”.

Roster Point No. and Category for Reservation

• 1. Open Competition
• 2. SC
• 3. Open Competition
• 4. Backward Class(Group-A)
• 5. Open Competition
• 6. Open Competition
• 7. SC
• 8. ST
• 9. Open Competition
• 10. Backward Class(Group-B)
• 11. Open Competition
• 12. Economically Weaker Sections
• 13. Open Competition
• 14. Backward Class(Group-C)
• 15. Open Competition
• 16. SC
• 17. Open Competition
• 18. Backward Class(Group-D)
• 19. Backward Class(Group-E)
• 20. Backward Class(Group-A)
• 21 Economically Weaker Sections
• 22. SC
• 23. Open Competition
• 24. Backward Class(Group-B)
• 25. ST
• 26. Open Competition
• 27. SC
• 28. Open Competition
• 29. Backward Class(Group-A)
• 30. Open Competition
• 31. Open Competition
• 32. Economically Weaker Sections
• 33. ST
• 34. Open Competition
• 35. Backward Class(Group-B)
• 36. Open Competition
• 37. Open Competition
• 38. Open Competition
• 39. Backward Class(Group-D)
• 40. Open Competition
• 41. SC
• 42. Economically Weaker Sections
• 43. Backward Class(Group-D)
• 44. Backward Class(Group-E)
• 45. Backward Class(Group-A)
• 46. Open Competition
• 47. SC
• 48. Open Competition
• 49. Backward Class(Group-B)
• 50. Economically Weaker Sections
• 51. Open Competition
• 52. SC
• 53. Open Competition
• 54. Backward Class(Group-A)
• 55. Open Competition
• 56. Open Competition
• 57. Open Competition
• 58. ST
• 59. Open Competition
• 60. Backward Class(Group-B)
• 61. Economically Weaker Sections
• 62. SC
• 63. Open Competition
• 64. Backward Class(Group-D)
• 65. Open Competition
• 66. SC
• 67. Open Competition
• 68. Backward Class(Group-D)
• 69. Backward Class(Group-E)
• 70. Backward Class(Group-A)
• 71. Open Competition
• 72. SC
• 73. Economically Weaker Sections
• 74. Backward Class(Group-B)
• 75. ST
• 76. Open Competition
• 77. SC
• 78. Open Competition
• 79. Backward Class(Group-A)
• 80. Open Competition
• 81. Backward Class(Group-B)
• 82. Economically Weaker Sections
• 83. ST
• 84. Open Competition
• 85. Backward Class(Group-B)
• 86 Open Competition
• 87. SC
• 88. Economically Weaker Sections
• 89. Backward Class(Group-D)
• 90. Open Competition
• 91. SC
• 92. Open Competition
• 93. Backward Class(Group-D)
• 94. Backward Class(Group-E)
• 95. Backward Class(Group-B)
• 96. Economically Weaker Sections
• 97. SC
• 98. Open Competition
• 99. Backward Class(Group-B)
• 100. Open Competition

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