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TMI Blog1982 (10) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the process of finalising the select list. On September 14, 1979, the 1st respondent, Government of Andhra Pradesh issued G.O. No, 646 and 647. By the first mentioned G.O. No. 646 issued in exercise of the power conferred by the proviso to Sub-clause (3) of Article 320 of the Constitution, the Government excluded from the purview of the Commission all appointments made by direct recruitment to any posts in any category at all levels in the State and Subordinate Services and which were continuing temporarily on August 9, 1979, regarding any of the matters mentioned in Clause (3) of Article 320 of the Constitution of India. There is a proviso to this para which is not material. By another G.Q. No. 647 of the even date, the 1st respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the event there are vacancies and the select list is finalised and if any of the appellants finds his place within the zone of selection he may be appointed or may be permitted to appear at an examination relaxing the age bar, if any, he or she has suffered. Hence this appeal by special leave. 3. Mr. J. Ramamurthi, learned Counsel who appeared for the appellants raised the same two contentions before us. It was urged that the Government had no power to withdraw the posts already within the purview of the commission on the date of the advertisement and secondly that the Government has no power to regularise the services contrary to the relevant statutory rules. 4. Proviso to Clause (3) of Article 320 confers power on the Government as r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh within the purview of the Commission were withdrawn by the impugned G.O. only to the extent that there were certain direct recruits holding the posts for long number of years and as the Government had decided to regularise their services to the extent the posts were held by temporary servants eligible to get regularisation of service the corresponding posts were withdrawn from the purview of the commission. The power to make such a regulation was not disputed because the power flows from the proviso to Clause (3) of Article 320. As stated earlier, the only contention is that as in respect of the post of Junior Engineer an advertisement was already issued and the commission was in the process of selecting candidates, the power under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i)(1) provides that where it is necessary in the public interest to fill emergently a vacancy in the post borne on the cadre of a service, class or category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay, the appointing authority may appoint a person temporarily otherwise than in accordance with the said rules. The said temporary appointee must possess the qualifications, if any, prescribed for the post, class or category and if any one is appointed who does not possess such qualification he shall be replaced, as soon as possible, by a person possessing such qualification. In the face of this rule the validity of which is not in question it is futile to contend that recruitment to a post f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... servants for peace and harmony in service, we are satisfied that the action of the Government was justified and was in consonance with the Rules. We find, therefore, no substance in the contention that the regularisation of services of temporary Government servants was in contravention or violation of statutory rules. 6. Even though we reject both the contentions, equity demands that the matter cannot be allowed to rest here. Appellants, fresh engineering graduates, applied for post of Junior Engineer in response to the advertisement issued by the commission. They appeared at the viva voce test. A hope was generated in their minds that if they can successfully compete and come within the zone of selection they would be able to secure Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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