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The Tribunal by reason of its order dated 30.1.2006 directed the Respondents to finalise the process of selection in accordance with GOMs No. 570 dated 30.12.1997 for 543 posts instead of 524 posts and complete the entire process of selection within three months.

The State of Andhra Pradesh or the Commission did not question the correctness or otherwise of the said judgment. Respondent Nos. 1 to 3, however, filed a writ petition before the High Court. Some other writ petitions were also filed inter alia questioning GOMs No. 164 dated 6.7.2004 and GOMs No. 133 of 23.3.2005.

It is not in dispute that, at the material time, examination was to be conducted in terms of the instructions issued by the State of Andhra Pradesh as contained in GOMs No. 570 dated 31.12.1997. The advertisement was also issued by the Commission pursuant to or in furtherance of the said notification, as would appear from Clause 2(a) of the notification No. 21. It was categorically stated:

"The recruitment will be made to the vacancies notified only. There shall be no waiting list as per G.O. Ms. No. 81 and Rule 6 of APPSC Rules. The available break-up of vacancies is given in Annexure  I. However, the breakup is subject to variation and confirmation by the Unit Officer, till such time as decided by the Commission and in any case, no cognizance will be taken by the Commission of any vacancies arising or reported after the completion of the selection and recruitment process, or, the last date as decided by the Commission, as far as this Notification is concerned; and any such subsequently arising vacancies will be further dealt with as per G.O. & Rule cited above."

Recruitment to the notified vacancies although was to be considered but the same was not sacrosanct as the Commission was given liberty to take into consideration the vacancies arising at a later date also. The jurisdiction of the Commission, however, was only restricted to the extent that it could not have taken cognizance of any vacancy arising or reported after the completion of the selection and recruitment process. What was to be considered as a subsequent vacancy, in terms of the said rules, thus, would be such vacancies which arose after completion of the selection and recruitment process or the last date as decided by the Commission.