Supreme Court of India
J. Ashok Kumar vs State Of Andhra Pradesh & Ors on 23 February, 1996
Equivalent citations: 1996 SCC (3) 320, JT 1996 (3) 225, AIRONLINE 1996 SC 339, 1996 SCC (L&S) 707, (1996) 3 SCT 856, (1996) 1 CUR LR 1008, (1996) 2 SERV LR 491, 1996 (3) SCC 320, (1996) 3 JT 225, (1996) 2 SCR 1035 (SC), (1996) 3 JT 225 (SC), (1997) 2 SCALE 435
Author: K. Ramaswamy
Bench: K. Ramaswamy
PETITIONER: J. ASHOK KUMAR Vs. RESPONDENT: STATE OF ANDHRA PRADESH & ORS. DATE OF JUDGMENT: 23/02/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: 1996 SCC (3) 320 JT 1996 (3) 225 1996 SCALE (2)575 ACT: HEADNOTE: JUDGMENT:
O R D E R 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 A.P.Excise Service Rules was amended giving weightage of 5% of the marks for selection to an NCC candidate and that the petitioner had appeared for 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.