ITEM NO.66 COURT NO.11 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).25157/2013 (From the judgement and order dated 26/07/2013 in WP No.2392/2013 of The HIGH COURT OF A.P AT HYDERABAD) ANDHRA PRADESH PUBLIC SERVICE COMMISSION Petitioner(s) VERSUS K PRASAD AND ANR. Respondent(s) (With appln(s) for exemption from filing c/c of the impugned Judgment,impleadment and prayer for interim relief )) WITH SLP(C) NO. 25209 of 2013 (With appln.for exemption fsrom filing c/c of the impugned order prayer for interim relief and office report) SLP(C) NO. 29716-29717 of 2013 (With office report) Date: 07/10/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE J. CHELAMESWAR For Petitioner(s) Mr. Shyam Divan, Sr.Adv. Mr. G. Vivekanand, Addv. Mrs. Anjani Aiyagari,Adv. Mr. P.P. Rao, Sr.Adv. Mr. Ram Lal Roy For Respondent(s) Mr. D. Mahesh Babu, Adv. Ms. Suchitra Hrangkhawl, Adv. Mr. Amjit Maqbool, Adv. Mr. Amit K. Nain, Adv. Mr. B. Ramakrishna Rao, Adv. Mr. G.N.Reddy,Adv. Mr.J. Sudhir, Adv. Mr. Siva Goda, Adv. Ms. Bina Madhavan, Adv. Mr. Shivendra Singh, Adv.for M/s. Lawyer'S Knit & Co. ...2/- :2: Mr. V.V.S. Rao, Sr.Adv. Mr. S. Ravi Kumar, Adv. Mr. Vijay Shree Pattnaik, Adv. Mr. M. Karibasaiah, Adv. Mr. Shekhar Kumar ,Adv Mr. S.Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. Ms. Praseena E. Joseph, Adv. Mr. Shivendra Singh, Adv. Mr. Rahul Pandey, Adv.for M/S. Lawyer'S Knit & Co Mr. B. Adinarayana, Sr.Adv. Mr. B. Sridhar, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed order. [ Usha Bhardwaj ] [ Sneh Lata Sharma ] A.R-cum-P.S. Court Master Signed order is placed on the file. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9140 OF 2013 (Arising out of SLP (Civil) No.25157 of 2013) Andhra Pradesh Public Service .. Appellant(s) Commission Versus K. Prasad & Anr. .. Respondent(s) WITH CA.No.9141/2013 @ SLP(C) NO. 25209 of 2013 WITH CA.Nos.9142-9143/2013 @SLP(C) NO. 29716-29717 of 2013 O R D E R Leave granted. (1) Heard Mr. Shyam Divan learned senior counsel for the Andhra Pradesh Public Service Commission and learned counsel for original petitioners as well as the counsel for the intervenors. (2) The original petitioners raised the dispute regarding examination conducted by the appellant Andhra Pradesh Public Service Commission for selection for the Grade-I Services in Andhra Pradesh. The examination was to be conducted in two parts, first the preliminary examination which was to be for 150 marks. The preliminary examination was of objective type wherein four choices were given and the candidates were to chose one of them and answer the same in OMR Sheet. Those who qualified in the first examination i.e. the preliminary examination were to be eligible to appear in the main examination. ..2/- :2: (3) After considering the reports of a couple of committees the High Court arrived at a decision wherein according to it the Andhra Pradesh Public Service Commission will have to revise the selection process in accordance with the answer arrived at by the expert committee, and issue proper orders. The High Court directed the Andhra Pradesh Public Service Commission to re-examine the whole issue and consult U.P.S.C.. (4) Being aggrieved, the Andhra Pradesh Public Service Commission filed this appeal. Even after whatever screening has been done earlier, we find the following six questions and there answers to be problematic. It is the specific case of the original petitioners that the key answers given by APPSC for six questions at Serial Nos.4, 43, 61, 62, 107 and 130 in "D" series are confusing. These questions did not have one clear answer and that being so it will be unfair to the candidates that the preliminary examination should be decided by including these six questions. By our order passed on the last date we asked Mr. Diwan to take instructions as to whether these problematic questions could be deleted. ...3/- :3: (5) Having heard learned counsel for the parties, we are of the view that these questions cannot be retained . That being so, the marks secured have to be recounted from the answer books written by all the candidates on the basis of 144 questions after deleting these six questions and their answers. Those who succeed after revaluation will be eligible for the main examination and the Andhra Pradesh Public Service Commission will hold the main examination de novo thereafter. On the basis of these 144 questions some new candidates may succeed or some candidates may fail. It will be the new list of candidates passing the examination of 144 marks who will take second main examination. (6) The appeals are allowed accordingly. ......................J. [H.L. GOKHALE ] ...................... [J. CHELAMESWAR] NEW DELHI, OCTOBER 07, 2013.
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|Publisher||Tata McGraw-Hill Education|
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The Supreme Court has given its verdict on 7th October, 2013. The Court has ordered the APPSC to conduct Group 1 Mains once again.
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