Andhra Pradesh High Court - Amravati
Ap Public Service Commission Rep By Its ... vs Shaik Abdul Khayum on 23 September, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
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WA_711_2024
APHC010233632024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3526]
(Special Original Jurisdiction)
WEDNESDAY,THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT APPEAL No: 711 of 2024
Between:
1. AP PUBLIC SERVICE COMMISSION, NEW GOVERNMENT OFFICES
BUILDINGS, REP BY ITS SECRETARY, 2nd FLOOR, M.G. ROAD
(BANDAR ROAD), OPP:
OPP INDIRA GANDHI- MUNICIPAL COMPLEX,
VIJAYAWADA-520
520 010.
010
...APPELLANT
AND
1. SHAIK ABDUL KHAYUM, S/O LATE SK. ABDUL SUBHAN,
LECTURER IN ELECTRONICS AND COMMUNICATION,
ENGINEERING GPW, DARGAMITTA, NELLORE,
NELLORE R/O PLOT NO.79,
st
MGB COLONY, 1 STREET, OPP: POLICE COLONY,
PODALAKURU ROAD, NELLORE.
2. Y.YESURATNAM,
YESURATNAM, S/O Y. SAMUEL, AGED 51 YEARS
YEARS, LECTURER
IN ENGLISH, GMR POLYTECHNIC, SRISAILAM, KURNOOL
DISTRICT, R/O D.No
o. 3-15-99, SUNNIPENTA, SRISAILAM-- 518 102.
3. BODANKI ARUN RAVINDRA BHARATH, S/O S/O. BINDANKI -
LAXMANA RAO, AGED 52 YEARS, LECTURERE IN MATHEMATICS,
GMR POLYTECHNIC, PADERU, R/O D.NO. 137-5/2,
137
THADIGADAPA, KAMAYYATHOPU, VIJAYAWADA-521
VIJAYAWADA 521 137.
137
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WA_711_2024
4. Y SANKARA RAO, S/O LATCHAYYA, AGED 51 YEARS, GMR
POLYTECHNIC, PADERU, R/O PATRUNIVALASA (PO) ARASAVILI
(VIA) SRIKAKULAM- 532 402.
5. D PRADEEP CHANDRA, S/O LATE MANI CHANDRA, 26 YRS,
LECTURER IN COMPUTER ENGG., GMR POLYTECHNIC, PADERU,
VISAKHAPATNAM, R/O QUARTER NO.A3, GOVT. POLITECHNIC
QTS, PADERU.
6. SAMPATHIRAO NAGARAJU, S/O SYAMALARAO, AGED 37 YEARS.
LECTURER IN ELECTRICAL AND ELECTRONICS ENGG., GMR
POLYTECHNIC, PADERU, VISAKHAPATNAM, R/O NEW BUILDING,
NEAR BABA TEMPLE, BHYRAVANIPETA, GUJARATHI PETA
POST, SRIKAKULAM-532 005.
7. ADARI SUDHEER KUMAR, S/O AVS SATYANARAANA, AGED 31
YEARS, LECTURER IN MECHANICAL ENGG., GOVT.,
POLYTECHINIC, NARASIPATNAM, R/o.D.NO. 37-8-26, SURYA
NAGAR-1, VISAKHAPATNAM-530 007.
8. GOVATHOTI VIJAYAKUMAR, S/O SUBBARAO, AGED 46 YEARS,
LECTURER IN ENGLISH, GOVERNMENT POLYTECHNIC,
Z.P.HIGH SCHOOL CAMPUS, KALIDINDI, KRISHNA DIST 521 344,
R/O H.NO.27/826, SREE NILAYAM, 2ND STREET, SARADANAGAR,
MACHILIPATNAM- 521 001. KRISHNA DISTRICT.
9. M.VENKAESWARA RAO, S/O LATE VISWANADHAM,
AGED 51 YRS., LECTURER IN CIVIL ENGG., ANDHRA
POLYTECHNIC, KAKINADA, R/O D.NO.3-1086, OPP WATER TANK,
BHARATH STREET, BALAJIPETA, ADARSANAGAR,
RAJAHMUNDRY 533 102,.
10. A PRAVEEN KUMAR, S/O GURUMURTHY, AGED 42 YEARS.
LECTURER IN MATHEMATICS, GOVT. POLYTECHNIC,
SATYAVEDU, R/O D.NO. 2-46-6, KOTTA STREET, SATYAVEDU,
CHITTOOR- 517 588,
11. M MOHAN VAMSI, S/O M. RAMACHANDRA (LATE), 26 YEARS.
LECTURER IN ELECTRONICS AND COMMUNICATION
ENGINEERING, GMR POLYTECHNIC, SRISAILAM, R/O
SUNNIPENTA-518 102, KURNOOL DISTRICT.
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WA_711_2024
12. M SRINIVASA RAO, S/O LATE VYDYANADHAM, AGED 53 YEARS.
LECTURER IN CIVIL ENGINEERING GMR POLYTECHNIC,
YETAPAKA R/O D.NO. 70-3-37/14, DURGA VYDUITNAGAR,
KAKINADA-533 005.
13. M GRACE KUMARI, D/O SUBBARAO, AGED 51 YEARS. LECTURER
IN ENGLISH, GOVT. POLYTECHNIC, TADEPALLIGUDEM, R/O
D.NO.59A- 16-4/3C, SANTHA SOUDHA APARTMENTS, RTC
COLONY, 3RD ROAD, PATAMATA, VIJAYAWADA.
14. NUTHAKKI JHANSI, D/O NUTHAKKI YOHAN, AGED 53 YEARS,
LECTURER IN ENGLISH, GOVT. POLYTECHNIC FOR MINORITIES,
NALLAPADU, GUNTUR, FLAT NO. 102, SAI RAJ RESIDENCY, 4TH
LINE, A.T. AGRAHARAM, GUNTUR- 522 004.
15. BORRA JHANSI RANI, D/O BORRA ANAND JAGAPATHIRAO, 44
YEARS. LECTURER IN MATHS, GOVERNMENT POLYTECHNIC,
KROSURU, R/O D.NO. 58-2-393, ZAKEER HUSSAIN NAGAR, LINE,
OLD GUNTUR, GUNTUR.
16. BEJJAM BHAGYARAO, S/O VENKAIAH, AGED 32
YEARS,LECTURER IN ELECTRONIC AND COMMUNICATIONS,
GOVT. POLYTECHNIC NELLORE, R/O RAVINUTHALA PO,
KORISAPADU (MANDAL) PRAKASAM DISTRICT 523 213.
17. N PAVANI, D/O PURUSHOTHAM, AGED 34 YEARS, LECTURER IN
CHEMISTRY, GOVT. INSTITUTE OF CERAMIC TECHNOLOGY,
GUDUR, R/O FLAT NO.403, VISHAL ROYAL APARTMENTS, NEAR
SAIBABA TEMPLE B.V.NAGAR, NELLORE 524003.
18. PANDI VANI, D/O P. VENU (LATE), 34 YEARS, LECTURER IN
CHERMISTRY, R/O D.NO. 3/169-53, JANARDHAN REDDY
COLONY, GUDUR,SPSR NELLORE DISTRICT
19. AMARANATHREDDY OBULA, S/O GANGI REDDY,
AGED 41 YEARS, LECTURER IN ENGLISH, SV GOVERNMENT
POLYTECHNIC, TIRUPATHI, R/O 4-9, POLAKALA REDDY VARI
PALLI VILLAGE, POLAKALA POST, IRALA MANDAL, CHITTOOR
DISTRICT-517130.
20. J USEN SHAEB, S/O PEDDA MABU, AGED 30 YEARS, LECTURER
IN MATHAS, GOVERNMENT POLYTECHNIC FOR MINORITIES
THANDRAPADU , KURNOOL, R/O 2-14-1, TERENEKAL POST,
DEVANAKONDA MANDAL, KURNOOL -518465.
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21. Y SITA DEVI, D/O (LATE) Y.RADHA KRISHNA MURTHY. AGED 55
YEARS LECTURER IN MATHS, MRAGR GOVT POLYTECHNIC
VIJAYANAGARAM, R/O PLOT NO 126, APHB COLONY, BABA
METTA, VIJANAGARAM.
22. GANDEPALLI M.SOMASEKHAR, S/O APPA RAO AGED 45 YEARS.
LECTURER IN ELECTRONICS COMMUNICATIONS ENGINEERING
GOVT. POLYTECHNIC, NARASIPATNAM, R/O 2-14-1, TERENEKAL
POST, DEVANAKONDA MANDAL, KURNOOL-518465.
23. CHAPA APPALA SWAMY, S/O JOGULU, AGED 35 YEARS,
LECTURER IN ENGLISH,
GOVT POLYTECHANIC, CHINNAMERANGI, VIZIANAGARAM,
R/O DOOR NO. 1-1, GIBBA COLONY, KOTHAVALASA POST,
PARVATHIPURAM.
24. K CHANDRAKANTH LINGAIAH, S/O K.KRISHNA LINGAIAH (LATE),
AGED 31 YEARS, LECTURER IN COMPUTER, ENGINEERING.
GOVERNMENT POLYTECHANIC, OBULAVARIPALLI, KADAPA
DISTRICT, R/O FLAT NO 201, BHAGYANAGAR RESIDENCY,
BHABYANAGAR 3RD LINE, ONGOLE 523001
25. T MADHUSUDHAN RAO, S/O LATE T.RAMAKRISHNA,
AGED 46 YEARS, LECTURER IN CCP GOVERNMENT
POLYTECHANIC, PALAMANERU, R/O LECTURER QUARTERS,
GOVERNMENT POLYTECHNIC, PALAMANERU.
26. A HANUMANTHARAO, S/O VENKATA KRISHNA RAO AGED 52
YEARS. LECTURER IN CIVIL ENGINEERING D.A GOVERNMENT
POLYTECHNIC, ONGOLE R/O D.NO 8-165 RAJIVINAGAR,
ONGOLE.
27. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT BULDINGS,
VELAGAPUDI, GUNTUR DISTRICT
28. SPECIAL COMMISSIONER OF TECHNICAL EDUCATION, ANDHRA
PRADESH, VIJAYAWADA, KRISHNA DISTRICT.
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29. PANDRANKI MAHESWAR RAO, S/O.LATE APPLANAIDU,
AGE 45 YEARS, WORKING AS A LECTURE IN MECHANICAL
ENGINEERING, GOVT. POLYTECHNIC COLLEGE,AMADAVALASA,
DEPARTMENT OF TECHNICAL EDUCATION, SRIKAKULAM
DISRTICT.
...RESPONDENT(S):
Counsel for the Appellant:
1. Mr.G.SEENA KUMAR SC For APPSC Counsel for the Respondent(S):
1. Mr.S SRINIVASA RAO
2. GP FOR SERVICES III
3. Mr.HEMANTH KUMAR VEMURI 6 NJS, J & TRR, J WA_711_2024 The Court made the following judgment :( Per Hon'ble NJS, J) A learned Single Judge, by a common order dated 03.07.2023 disposed of W.P.No.30350 of 2022 and W.P.(AT) No.2174 of 2021.
2. The Andhra Pradesh Public Service Commission (hereinafter referred to as 'the APPSC') filed the present appeal insofar as W.P.(AT) No.2174 of 2021 is concerned.
3. Heard Mr.G.Seena Kumar, learned Standing Counsel for the APPSC. Also heard Mr.Ravi Kondaveeti, learned Senior Counsel appearing on behalf of the contesting respondents / writ petitioners as also Mr.Ramaligeswara Rao Kocharlakota, learned Government Pleader for Services-II appearing for respondent Nos.27 & 28.
4. For the sake of convenience, the parties are referred to as they are arrayed in W.P.(AT) No.2174 of 2021.
5. The petitioners, who are working in various categories of Ministerial Service, were appointed as Lecturers in different Government Polytechnic Colleges. They were promoted and appointed by transfer as Lecturers on various dates from 2009 onwards. In their promotion orders, a condition was imposed that they shall qualify in the Special Qualifying Test (SQT) to be conducted by the APPSC. While they were functioning as Lecturers, the APPSC issued Notification No.8 of 2018 dated 16.08.2018 for conducting SQT through online. As per the scheme of examination notified by the 7 NJS, J & TRR, J WA_711_2024 APPSC, Part-A consists of written (objective type) examination in General Studies and Mental Ability (Part-I) and concerned subject (paper-II), Part-B consists of oral test (interview). As per 'Note' of the said Notification, each wrong answer will be penalized with 1/3rd of the marks prescribed for the question in terms of G.O.Ms.No.235, Finance (HR-I, Plg. & Policy) Department dated 06.12.2016.
6. Challenging the said Notification, as also the letter dated 21.10.2017 of the Special Commissioner, Department of Technical Education, Andhra Pradesh, the promotees / petitioners filed O.A.No.1972 of 2018 before the Andhra Pradesh Administrative Tribunal, Hyderabad. After abolition of the Tribunal, the said O.A., was transferred to the High Court of Andhra Pradesh and numbered as W.P.(AT) No.2174 of 2021. One of the promotees aggrieved by the action of the APPSC in not declaring the results of SQT conducted pursuant to the Notification No.8 of 2018 dated 16.08.2018 filed W.P.No.30350 of 2022.
7. The learned Single Judge dealt with the matter with reference to G.O.Ms.No.235 dated 16.12.2016 which contemplates negative marks for the wrong answers as mentioned in the impugned Notification dated 16.08.2018 issued by the APPSC in respect of SQT for appointment by transfer for non- teaching staff. The learned Judge, referring to Para No.4 of the said G.O., opined that negative marking system is applicable to the Notifications issued by the APPSC, for direct recruitment and disposed of both the writ petitions 8 NJS, J & TRR, J WA_711_2024 with a direction to value the papers, without reference to the "Note" mentioned in Notification No.8 of 2018 and announce the results.
8. The learned counsel for the APPSC, inter alia contended that the learned Single Judge failed to appreciate the matter in the correct perspective and therefore, the order under challenge is not sustainable. It is his contention that the writ petitioners who were promoted as Lecturers from the non-teaching staff have to perform duties on par with the direct recruitees and as such the "Note-1" incorporated by the APPSC in the Notification dated 16.08.2018 cannot be found fault with.
9. Referring to G.O.Ms.No.254 dated 30.10.2008, he submits that by virtue of amendments to A.P.Technical Education Service Rules, 2005 for appointment by promotion, one must also qualify in the Special Qualifying Test (SQT) to be conducted by the APPSC. He submits that in the light of the relevant Rules, the Notification issued by APPSC that as per G.O.Ms.No.235 dated 06.12.2016, each wrong answer will be penalized with 1/3 rd of the marks prescribed for the question, is valid and the learned Single Judge ought not to have interfered in the matter, more particularly in view of the limited scope of judicial review in matters of this nature under Article 226 of the Constitution of India. Making the said submissions, the learned counsel seeks to allow the writ appeal.
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10. On the other hand, the learned Senior Counsel for the contesting respondents made submissions to sustain the order of the learned Single Judge. Drawing the attention of this Court to G.O.Ms.No.235 dated 06.12.2016, he contends that the Government issued the said G.O., for filling up of posts through Direct Recruitment by APPSC and granted permission to introduce the system of negative marks in all types of tests, that the same is not applicable, as rightly held by the learned Single Judge in respect of appointments by promotion for non-teaching staff of the Department of Education. He submits that there is no dispute that the promotees / writ petitioners are required to undergo SQT to be conducted by the APPSC. However, the negative marking system introduced by the Government vide G.O.Ms.No.235 dated 06.12.2016 in respect of the Notifications for Direct Recruitment, cannot be made applicable to other recruitments. He submits that the order of the learned Single Judge is well considered and does not suffer from any illegality. He, therefore, seeks dismissal of the appeal.
11. Considered the submissions made and perused the material on record.
12. On an appreciation of the rival contentions, the short point involved for adjudication is whether the negative marking system introduced by the Government in respect of the Notifications for direct recruitment by the APPSC is also applicable for Special Qualifying Test (SQT) for appointment by promotion to the petitioners?
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13. At the outset, it may be emphasized that the learned Judge disposed of the two writ petitions by a common order. Insofar as W.P.No.30350 of 2022 is concerned, a direction was issued to announce the results, no appeal appears to have been filed. Be that as it may.
14. The writ petitioners in W.P.(AT) No.2174 of 2021, it is not in dispute, were required to qualify the test to be conducted by the APPSC as per the proceedings / respective promotion orders, issued on different dates and they are functioning as Lecturers from 2009 onwards. Through the impugned Notification dated 16.08.2018, the APPSC sought to conduct Special Qualifying Test (SQT) for appointment by promotion for non-teaching staff and 'Note-I' of the said Notification contemplated as follows:
"Note-1. As per G.O.Ms.No.235 Finance (HR-1, Plg. & Policy) Dept., dt:
06.12.2016 for each wrong answer will be penalized with 1/3rd of the marks prescribed for the question."
15. Thus, the basis for the provision of negative marks for wrong answers incorporated in the impugned Notification was G.O.Ms.No.235 dated 06.12.2016. A close reading of the said G.O., which is not reproduced for the sake of brevity, makes it crystal clear that the APPSC had decided to introduce negative marking system in all tests / examinations for direct recruitment where such tests / examinations are conducted through question papers containing objective type questions with multiple choice of the answers and the Government has accorded permission to the APPSC to introduce the said system of negative marking, which is applicable to all the Notifications for 11 NJS, J & TRR, J WA_711_2024 direct recruitment to be issued by the APPSC. The said G.O., is unambiguous and the Government in the light of the decision taken by the APPSC introducing negative marking system in respect of the Notification for direct recruitment, issued the said G.O., which is applicable to such Notifications alone. Under the guise of such permission accorded by the Government in respect of the examinations for Direct Recruitment, the APPSC cannot introduce the negative marking system, in the Special Qualifying Test (SQT), for appointment by promotion.
16. Though the learned counsel for the APPSC / respondent No.2 / appellant sought to impress upon this Court that there is no difference in the functions of the direct recruitee Lecturers and the promotees, therefore the APPSC is justified in notifying that each wrong answer will be penalised with 1/3rd of the marks prescribed for the question (negative marks), the posts of lecturers are filled up by two different types of appointments. As noted earlier, the permission for introducing the system of negative marks accorded to APPSC vide G.O.Ms.No.235 dated 06.12.2016 is in respect of Direct Recruitment and as rightly opined by the learned Single Judge, the same cannot be made applicable to the Special Qualifying Test (SQT) for appointments by promotion. Therefore, the contentions advanced by the learned counsel for the appellant deserves no acceptance. Accordingly the point is answered.
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17. This Court on a detailed consideration of the matter, finds that the order under challenge is supported by the cogent reasons and there is no illegality, warranting interference by this Court in the intra-court appeal. The writ appeal is devoid of merits.
18. In the light of the conclusions recorded supra, the writ appeal is dismissed. No costs. No costs.
As a sequel, all the pending miscellaneous applications, if any shall stand closed.
__________________________
JUSTICE NINALA JAYASURYA
__________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Dt. 2025
BLV
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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
&
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT APPEAL No:711 of 2024 (Per Ninala Jayasurya, J) Date: 2025 BLV 14 NJS, J & TRR, J WA_711_2024