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PETITIONER: J. ASHOK KUMAR

       Vs.

RESPONDENT: STATE OF ANDHRA PRADESH & ORS.

DATE OF JUDGMENT:       23/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (3) 320        JT 1996 (3)   225  1996 SCALE  (2)575

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Mr.  L.N.   Rao,  learned  counsel  appearing  for  the petitioner  contends   that  under   G.o.Ms.No.1136,   dated September 13,  1986 rule  4 of  the A.P.Excise Service Rules was  amended  giving  weightage  of  5%  of  the  marks  for selection to  an NCC  candidate and  that the petitioner had appeared for  the post  of Assistant  Excise Superintendent, Group I  Service, by direct recruitment. He should have been given weightage of 5% marks and the Tribunal was unjustified in dismissing his petition. We find force in his contention. Any candidate  appeared for  the selection  even for  direct recruitment would  be eligible  to  be  considered  for  the weightage provided  to candidate  having NCC  qualification. But since the selection has already been over and candidates were selected  and appointed,  we cannot give the benefit to the petitioner.      The Special Leave Petition is accordingly dismissed.