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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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