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PETITIONER: V.N. Sunanda Reddy & Ors.

       Vs.

RESPONDENT: State of Andhra Pradesh & Ors.

DATE OF JUDGMENT25/01/1995

BENCH: MAJMUDAR S.B. (J) BENCH: MAJMUDAR S.B. (J) KULDIP SINGH (J) HANSARIA B.L. (J)

CITATION:  1995 AIR  914            1995 SCC  Supl.  (2) 235  JT 1995 (1)   618        1995 SCALE  (1)322

ACT:

HEADNOTE:

JUDGMENT: 1.   Leave  to  appeal  granted in  Special  Leave  Petition (Civil) Nos.6395 and 13446 of 1944. 2.   In  all these appeals a common question arises for  our consideration,  namely,  whether  the  State  Government  of Andhra Pradesh was justified in promulgating the rules under Article 309 of the Constitution of India under which it  was provided that candidates seeking appointment to the posts in the  service  specified  in  the  concerned  rules  who  had obtained basic educational qualifications prescribed for di- rect  recruitment  governing such posts through  the  Telugu medium  shall be given weightage in the matter of  selection to  such posts by awarding them five per cent of  the  total aggregate   maximum  marks  in  the   relevant   competitive examination  held by the Andhra Pradesh Public Service  Com- mission for recruitment to such posts. 3.   The  State  Government  issued  GOM.   No.  603   dated 18.11.1981  under  which  one such rule  was  framed.   Even earlier GOM.  No. 504, G.A.D. was issued on 26.6.1976 to the same effect, of course for a limited number of posts.  While the  G.0 dated 18.11.1981 was more comprehensive  in  nature and covered a wider range of posts. 4.   The  said G.O. No.504 was brought in  challenge  before the  Andhra Pradesh High Court by non-Telugu  medium  candi- dates  by way of Writ Petition No. 2041 of 1981.  That  writ petition was allowed by a learned single Judge of the Andhra Pradesh High Court, Jeevan Reddy, J., as he then was, who by his  order  dated 7.6.1981 quashed and set  aside  the  said G.O.M. No. 504 on the ground that it was discriminatory  and violative  of  Articles  14 and 16 of  the  Constitution  of India.  That resulted in two writ appeals under clause 15 of the  letters patent- one by the State of Andhra Pradesh  and another by the Telugu medium candidates.  Both these appeals were  heard  together  by a Division  Bench  of  the  Andhra Pradesh High Court consisting of Alladi Kuppuswami, CJ.  and

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Seetharam Reddy, J. who by their judgment and or- 621 der dated 15.9.1981 allowed the writ appeals and upheld  the impugned  G.O. meaning thereby they took the view that  such five  per cent weightage in total marks given to the  Telugu medium  candidates was not violative of  the  Constitutional provisions of Articles 14 and 16 of the Constitution.  Hence the  writ petition filed by the NonTelugu medium  candidates was  dismissed.  It is that order of the Division  Bench  of the  Andhra  Pradesh High Court that has resulted  in  civil appeal by special leave being Civil Appeal No. 2914 of 1981. 5.As  stated  earlier,  subsequently  the  State  of  Andhra Pradesh  by issuing a more comprehensive G.O. No. 603  dated 8.11.1981 extended  five  per cent weightage to  all  Telugu medium   students   who  contested  for  posts   for   which recruitment  was  being done by the  Andhra  Pradesh  Public Service  Commission  to any service in the State  of  Andhra Pradesh.   The statutory rules framed as per the  said  G.O. were  challenged by Non-Telugu medium candidates before  the Andhra  Pradesh Administrative Tribunal at  Hyderabad.   The Tribunal  by  its  order dated 18.1.1994  allowed  the  said challenge in O.A.No.2142 of 1993 and held that the said G.O. was violative of Articles 14 and 16 of the Constitution That decision  of the Tribunal which took a view contrary to  the earlier decision of the Division Bench of the High Court  of Andhra  Pradesh, noted hereinabove, has resulted in  appeals by  special leave.  Special Leave Petition (C) No.  6395  of 1994 was moved by Telugu medium candidates and the State  of Andhra Pradesh also challenged the very same order by filing the  Special Leave Petition (C) No. 13446 of 1994.   As  the questions involved in all these proceedings are common,  all these  appeals  were heard together and  after  hearing  the learned counsel for the respective parties, we are disposing of these appeals by this common judgment. 6.   A few introductory facts leading to the promulgation of the aforesaid impugned rules pursuant to the impugned  G.0s. deserve  to  be  noted at the outset.   The  Andhra  Pradesh Official  Language Act (9 of 1966) by section 2 states  that Telugu shall be the official language of the State.  Section 4 provides for continuance of English Language for  official purpose.  Section 7 provides for a special position to  Urdu in  addition  to  Telugu  in certain  areas  of  the  State. Section  8 confers power to make rules for carrying out  the purpose  of  the  Act.  The  Government  of  Andhra  Pradesh decided  to  introduce  in  stages  Telugu  as  language  in administration.  In 1970, the State Government wrote to sev- eral  other  State  Governments  to  ascertain  whether  any weightage  or  preference was given to  candidates  who  had studied  in the respective regional languages in the  matter of  recruitment  to public posts.  It is revealed  from  the record that the Government of Kerala, Pondicherry,  Tripura, Haryana,  Goa,  Daman  and Diu,  Rajasthan,  Kohima,  Assam, Himachal  Pradesh, West Bengal, Punjab, Gujarat,  and  Bihar had replied that no such preference or weightage was  given, in the process of recruitment.  In some States, knowledge of regional  language  was essential for appointment  while  in some  states  they were required to pass the  language  test within  a  fixed period after appointment.  It  appears  Mat after  some deliberations, it was decided by the Cabinet  at its meeting dated 14.2.1975to issue G.O.No.504. 7.   By the said G.O. it was recommended that the Government of Andhra 622 Pradesh  may  make  the  rule  in  exercise  of  the  powers conferred by the proviso to Article 309 of the  Constitution

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read with subsection (1) of Section 8 of the Andhra  Pradesh Official   Language   Act,   1966   to   the   effect   that notwithstanding  anything  in the Andhra Pradesh  State  and Subordinate Services Rules or the Special Rules,  candidates seeking appointment to the post in the services specified in the  Table appended to the Rule, who had obtained  the  bask educational qualification prescribed for direct  recruitment in the special rules governing such posts, though the Telugu medium,  will be given weightage in matter of  selection  to such  posts  by  awarding  them 5  per  cent  of  the  total aggregate  maximum  marks in the  relevant  competitive  ex- amination   held  by  the  Andhra  Pradesh  Public   Service Commission  for  recruitment  to such posts.   This  may  be mentioned as the First G. O. 8.   It may be mentioned that 12 Group 11 Services and Group IV  Services were sought. to be covered by the said G.O.  In other  words,  direct recruitment to these  Groups,  namely, Group   11   and  Group  IV  Services,  mentioned   in   the notification  under Article 309 of the Constitution  enabled candidates  having  minimum qualification of  graduation  in Telugu medium to get a weightage of Eve per cent more  marks on  the  aggregate  marks prescribed for  passing  the  said examination.   It may be noted that total marks for  written test  and viva voice test consisted of 800 marks,  five  per cent  of which would work out to 40 marks.  Therefore, if  a candidate  who had passed this graduation with Telugu  as  a medium of instruction was entitled to get a weightage of  40 more marks on the aggregate as compared to another competing candidate  in the very same examination who had  passed  his graduation in English or any other medium other than  Telugu medium.   As noted earlier, it is this G.O. which in a  writ petition moved by nonTelugu medium candidates was set  aside by Jeevan Reddy, J., as he then was, but which got confirmed in writ appeals. 9.   During  the  time the challenge to the  said  G.O.  was pending  before this Court in Civil Appeal No.2914 of  1981, the State of Andhra Pradesh issued a more comprehensive G.O. being  G.O. No.603 dated 18.11.1981 by which it nos  decided to give weightage of five per cent of total average  maximum marks  in  the competitive examination held  by  the  Andhra Pradesh  Public Service Commission in all Group  II  Service Examination,   excluding   recruitment  to  the   posts   in Secretariat  and  Heads  of  Departments  and  in  Group  IV Services  examination,  excluding recruitment  to  posts  in Andhra  Pradesh  Judicial Ministerial Service.   Thus,  this latter  G.O.  was more comprehensive in nature  but  ran  on parallel lines as its predecessor G.O. 10   We shall refer to the said G.O. as the second G.O. This G.O.,  as  noted  earlier, was struck  down  by  the  Andhra Pradesh Administrative Tribunal.  That has given rise to the companion appeals. 11.  We  shall  now  briefly refer to  the  main  grievances voiced  by  learned counsel for the  respective  parties  in connection with these two G.0s. It was submitted by  learned counsel  appearing for non-Telugu speaking  candidates  that when direct recruit was appointed to any public service, may be in the lower echelon of service, like Group II and  Group IV posts, which may consist of clerical posts, merits should be the criterion which the Public Service 623 Commission  should  follow.  If a  candidate  satisfied  the basic  requirement  of  eligibility for  competing  in  such public recruitment, provision of such weightage of five  per cent  marks  to Telugu medium candidates only would  per  se arbitrary and discriminatory and would be destructive of the

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concept of selection on pure merits.  That even if Telugu be the  official language as adopted by the State in the  light of linguistic policy, once a candidate is recruited from the open market as per the relevant rules before he is confirmed in service and before he is entitled to earn an increment in service,  he  is  required  to  pass  the  Telugu   language examination.   This completely meets the recruitment of  the department  that candidate must be having working  knowledge of Telugu to enable him to converse and correspond in Telugu with  members  of  the public as well  as  other  Government departments.   That  this satisfies the object  of  securing efficiency  in administration.  To put a further  fatter  at the  entry point by giving a special weightage of  five  per cent  more  marks on the aggregate to  candidates  who  have passed their graduation examination in Telugu medium  would, therefore,  have  no real nexus to the object sought  to  be achieved and would be counter productive as more meritorious students  even  though  having secured  more  marks  in  the aggregate  in the competitive test would be elbowed  out  by those standing far behind in the queue only on the  specious plea that they have passed the qualifying examination in the Telugu  medium.  That even those candidates who have  passed qualifying  graduate  examination in English medium  or  any other medium in the State have to appear compulsorily in one paper  of  Telugu language.  Therefore, he  is  also  having sufficient  working  knowledge of Telugu to  enable  him  to correspond  in  Telugu  as required  by  the  exigencies  of service.  That when under the relevant recruitment rules for the  concerned post, the minimum  educational  qualification prescribed  is  passing  of graduation in  any  subject  the further  question whether he has passed this examination  in Telugu medium or English medium would be totally irrelevant. That if a candidate who has passed graduation examination in English medium cannot be told off the gates and can  legally complete  in the examination for recruitment to  the  public posts  advertised  by the Public  Service  Commission,  such imposition  of  five per cent weightage of  total  marks  in favour  of candidates who had passed qualifying  examination of  graduation in Telugu medium would amount to imposing  an additional  qualification or eligibility criterion which  is de  hors  the recruitment rules and would  result  in  total arbitrariness  and would amount to give  discriminatory  and hostile  treatment  to  all  candidates  who  otherwise  are qualified  to  contest but have not Telugu medium  at  their graduation  level.   It was also submitted that  the  object about  maintaining the efficiency of the administration  can also  be achieved by providing or prescribing for  one  more paper in the competitive test on Telugu language itself,  as in  that  eventuality  all  the  candidates  competing   for examination  will  have an equal chance to compete  for  the said  examination  and  to show  their  proficiency  in  the concerned  subjects  in which they are  examined.   For  all these  reasons,  it was submitted that the decision  of  the Tribunal  is  quite  correct  and  similarly  the   decision rendered  by the learned single Judge of the Andhra  Pradesh High  Court,  Jeevan Reddy, J., as he then was,  is  equally correct and the Division Bench judgment 624 which upturned it, deserves to be set aside. 12.  On  the other hand, learned counsel appearing  for  the State  Andhra Pradesh and for Telugu medium candidates  sub- mitted  that  when  the Nation is wedded to  the  policy  of linguistic  States  based  on regional  languages  and  when Telugu is the official language in the State, if at clerical level in different departments for services, Telugu  knowing

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candidates are insisted upon, there is nothing arbitrary  or illegal  about the same That most of the  schools  imparting education  in Telugu are situated in remote areas of  Andhra Pradesh  and the students who studied in these  schools  are scared  of competing in Public Service Commission.  That  in order  to give an impetus to such students and to  encourage them  to study Telugu which is the official language of  the State,   these  G.0s.  were  issued  and  the   rules   were promulgated.   That five per cent overall weightage  out  of the  total  marks is a very small weightage and  that  helps Telugu   medium   candidates   who  are   otherwise   in   a disadvantageous position to complete on a more even  footing with English medium candidates and after entry in service if they have to pass the Telugu language examination, it  would be much better to provide them with five per cent  weightage even at the entry point.  That ultimately the object  behind this  policy  is  to improve the efficiency  of  the  public administration  when Telugu is the main  official  language. That  the staff members in different departments have to  be in  touch with members of the public whose mother-tongue  is Telugu,  they have to correspond with them as well as  other departments  also in Telugu.  Even they have  to  correspond with   Government   Secretariat   Departments   in   Telugu, Therefore, better knowledge of Telugu is very essential  for securing  efficiency in administration and with that end  in view the impugned G.0s. were issued and they cannot be found fault   with  on  the  test  Articles  14  and  16  of   the Constitution.   That  post-  service  examination  for   the purpose  of  earning increments and confirmation  cannot  be equated  with pre-service requirement of efficiency  in  the knowledge of Telugu by the candidates at the entry point and for ensuring the same, the decision of the Division Bench of the  Andhra Pradesh High Court laid down the  correct  legal position and calls for no interference.  On the other  hand, the  Tribunal was patently in error in taking  the  contrary view, 13.  We have given our anxious consideration to these  rival contentions  and  have reached the conclusion that  the  im- pugned  G.0s. and the consequential statutory  rules  framed under Article 309 proviso do not stand the test of  Articles 14  and 16 of the Constitution and will have to be  declared invalid.  The reasons for our aforesaid conclusions may  now be catalogued as under:- (1)  It  has to be kept in view that requirement  to  public service through the Andhra Pradesh Public Service Commission is  an  open recruitment wherein any eligible  candidate  is permitted  to complete at par with other  competitors.   The minimum eligibility criterion for recruitment to such  posts is  graduation.  Therefore,it does not mean that  candidates who have passed their graduation in non-Telugu medium cannot compete  for  the said posts.  It has to be noted  that  the minimum  educational qualification for appearing at the  se- lection is graduation simpliciter.  If the object underlying the  impugned  provision  of weightage of 40  marks  on  the aggregate to 625 candidates who have passed their graduation in Telugu is  to permit  candidates  knowing Telugu language  to  occupy  the concerned posts then it cannot be said that merely because a person has passed his graduation in Telugu medium, he  alone will  be proficient in Telugu and not the candidate who  has passed his graduation in any other language.  For appointing persons   to  posts  in  public  services   through   direct recruitment the criterion has to be pure merits.  Therefore, all candidates who possess minimum educational qualification

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have  to be assessed on the basis of their relative  merits. At  the stage of assessment If 5 per cent more marks on  the aggregate are added in the assessment of candidates who have passed  minimum  educational  qualification  through  Telugu medium,  the  very criterion of relative  merits  would  get frustrated and would become otiose.  In this connection,  we may usefully refer to the decision of this Court in the case of  Dr.  Pradeep Jain etc. vs.  Union of India &  Ors.  etc. (1984 (3) S.C.R.942), wherein P.N. Bhagwati, J., as he  then was speaking for the Court had made the following  pertinent observations at pages 954 to 956 of the Report:               "The  entire  country is taken as  one  nation               with  one citizenship and every effort of  the               Constitution   makers  is   directed   towards               emphasizing,  maintaining and  preserving  the               unity  and  integrity of the nation.   Now  if               India  is  one nation and there  is  only  one               citizenship, namely, citizenship of India, and               every  citizen  has  a right  to  move  freely               throughout  the  territory  of  India  and  to               reside  and  settle  in  any  part  of  India,               irrespective of the place where he is born  or               the  language which he speaks or the  religion               which  he  professes  and  he  is   guaranteed               freedom  of  trade, commerce  and  intercourse               throughout  the  territory  of  India  and  is               entitled to equality before the law and  equal               protection  of the law with other citizens  in               every  part of the territory of India,  it  is               difficult  to  see how a  citizen  having  his               permanent home in Tamilnadu or speaking Tamill               language  can  be regarded as an  outsider  in               Uttar   Pradesh  or  a  citizen   having   his               permanent  home  in  Maharashtra  or  speaking               Marathi language be regarded as an outsider in               Karnataka.   He must be held entitled  to  the               same rights as a citizen having his  permanent               home  in  Uttar Pradesh or Karnataka,  as  the               case may.  To regard him as an outsider  would               be  to deny him his constitutional rights  and               to   derecognise  the  essential   unity   and               integrity of the country by treating it as  if               it  were a mere conglomeration of  independent               States.               Article   15,   clauses,  (1)  and   (2)   bar               discrimination  on  grounds not  only  of  re-               ligion,  race, caste or sex but also of  place               of  birth.   Article 16(2)  goes  further  and               provides  that  no citizen shall,  on  grounds               only  of religion, race, caste, sex,  descent,               place  of birth, residence or any of  them  be               ineligible  for  or discriminated  against  in               respect of, any employment or office under the               State.    Therefore,  it  would  appear   that               residential      requirement     would      be               unconstitutional as a condition of eligibility               for  employment  or appointment to  an  office               under  the State which also covers  an  office               under any local or other authority within  the               State   or  any  corporation,  which   is   an               instrumentality or agency of the State." 14.  It is ofcourse true that the aforesaid  observations were made in connection  with admission in M.B.B.S and  Post Graduate  Course  and in the light of the  question  whether discrimination  on  the ground of place of  birth  would  be

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countenanced under Article 15(1) and (2) However, the  sweep of Article 14 read with Article 16(1) is no less  pervasive. Article 16(1) ensures equality of opportunity for 626 all  citizens in the matter of employment or appointment  to any  office under the State.  Article 14 declares  that  the State  shall not deny to any person equality before the  law or  the  equal protection of laws within  the  territory  of India.  The principles emerging from Articles 14 and 16  are well-settled.  The object is to ensure equality to all those who  are  similarly  situated.   In  other  words,  all  the citizens  applying  for  employment  under  the  State   are entitled  to  be  treated  alike.  If  that  is  so,  it  is difficult  to appreciate how having once allowed all  candi- dates  having  minimum qualification of  graduation  in  any medium   to  compete  for  the  posts,  a  further   special beneficial treatment can be given to only candidates passing minimum  educational  qualification,  examination,   namely, graduation in Telugu medium after their relative merits  are assessed vis a-vis other candidates in open competitions and how  they  can  be permitted to steal  a  march  over  other meritorious candidates standing higher up in the merit queue by giving weightage of 35 or 40 marks, as the case may be. 15.  Reliance  placed by learned advocates for the State  of Andhra Pradesh and Telugu medium candidates on a decision of this  Court  irk  the case of Sanjay  Ahlawat  v.  Maharishi Dayanand  University, Rohtak & Ors. (1994 (4) Scale 221)  is of no assistance as on the peculiar facts of that case  this Court  held  that  weightage  of  10  extra  marks  to   the candidates  who have graduated from the Medical  College  at Rohtak as not discriminatory or violative of Article 14.  In that case, extra marks were found to be justified for  being awarded  to  local  medical graduates  for  the  purpose  of ensuring  that  the  medic  facility in  the  State  is  not impaired  in way because of dearth of doctors.  In order  to attract  the  residents of Haryana to Post  Graduate  Course after  they  obtain medical degrees, this weightage  of  ten marks  was  found  necessary and reasonable.   That  was  to ensure for the people of the State services of good  doctors hailing  from  Haryana itself It was also  found  that  this weightage  was based on domicile in Haryana or education  at the only Medical College at Haryana.  This did not have  the effect of shutting the doors of admission to the  outstation boys.   The aforesaid weightage of 10 marks was,  therefore, justified  on  the  peculiar facts of the  case  before  the Court.  Such is not the situation in the present case. 16.  The   aforesaid   sub-classification   of   meritorious candidates  into  Telugu medium  candidates  and  non-Telugu medium candidates insofar as their graduation is  concerned, does not have any rational nexus to the object sought to  be achieved  thereby.  If the object is to have proficiency  in Telugu language which is the official language of the State, it  has  to be kept in view that even those  candidates  who have studied in non- Telugu medium like English or Hindi  at graduation level also have, to pass in one compulsory  paper of  Telugu  It may be pointed out that  State  had  adopted, after  passing  of  the Official language  Act  in  1966,  3 language  formula in the field of education.   The  students studying in other media are also required to pass a paper in Telugu language.  Therefore, they have got working knowledge of  Telugu It has also to be kept ion view that  even  after they are appointed to the posts of which they competed  they have  to  clear Telugu language examination  before  getting increment or even confirmation and if they do not clear this examination,  they are liable to be discharged.  If that  is

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so, 627 proficiency  in  Telugu language at entry point  pales  into insignificance  so  far  as recruitment to  these  posts  is concerned.  It may be that the concerned selected candidates at lower echelon of service may have to deal with public  in Telugu language or may have to correspond with other  public departments  or authorities in Telugu language, but that  is well  ensured by the requirement of passing Telugu  language examination  after  being recruited to these  posts.   Under these circumstances, giving a further weightage of 35 or  40 marks  to  such  candidates even prior  to  their  entry  in service  has  really  no nexus to the object  sought  to  be achieved  by such provision.  It cannot be said that  merely because a person has passed his graduation in Telugu  medium alone is proficient in Telugu and not the candidate who  has passed  his graduation in any other language.  There may  be cases  where  a student may have  passed  his  matriculation examination  in Telugu medium, but he may have  studied  his intermediate  and under-graduation course in English  medium and  vice versa.  It must therefore, be held that  provision for granting additional weightage of marks to candidates who have  passed their graduation in Telugu medium is  arbitrary and  does not justify the sub-classification of  meritorious candidates  into  Telugu medium  candidates  and  non-Telugu medium candidates as sought to be done by the said  impugned provision.  In this connection, we may profitably refer to a decision  of this Court in the case of State of  Maharashtra v.  Raj  Kumar  (A.I.R.1982  SC  1301)  wherein  a  rule  of recruitment  framed by the Government of Maharashtra  giving weightage  in recruitment to a candidate coming  from  rural area and who had passed S.S.C. Examination held at  villages or places with ’c’ type Municipally was held to be violative of  Articles  14  and 16 of  the  Constitution.   The  Court speaking  through  Fazal  Ali, J., found that  there  was  a provision that during viva-voce the Board would put relevant questions to judge the suitability of candidate for  working in  rural area and to test his knowledge of rural  problems. This  being  a sufficient safeguard to test the  ability  of candidate  the express provision for giving weightage  would virtually convert merit into demerit and demerit into  merit and  would be per se violative of Article 14.  In  our  view the  situation  in  the  present case  is  also  similar  We respectfully  concur with the views expressed by Fazal  Ali, J. 17.  For all these reasons, it must be held that the present rule  of weightage to be given to candidates who  have  been passed graduation in Telugu medium is violative of  Articles 14  and  16 of the Constitution and does not  represent  any valid and reasonable classification having a rational  nexus to the object sought to be achieved thereby. (2)  As seen above, 5 per cent of the total aggregate  marks to  be added to the assessment of Telugu  medium  candidates would  frustrate the very concept of recruitment  to  public post  on merits.  It is easy to visualise that hardly a  few vacancies are available in each recruitment for a particular category of posts.  When once a limited number of posts  are available for direct recruitment from open market, and  when eligible candidates having minimum educational qualification are allowed to compete, such competition would be too severe and  fierce and even addition of one more mark to the  total marks  obtained on merits would tilt the entire balance  and would disrupt the entire queue of merito- 628 rious  candidates found fit to be appointed to such  limited

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number of posts.  If 4 marks as per the impugned rule are to be added to the assessment of a Telugu medium candidate then he  would jump the queue and steal a march over  more  meri- torious  candidates who stood higher up in the  merit  list. He  would go ahead of all such more  meritorious  candidates only on the specious plea that he had passed his  graduation in  Telugu  medium while other more  meritorious  candidates standing  ahead  of  him  in  the  queue  had  cleared   the graduation  examination, having studied in any other  medium like,  English,  Urdu or Hindi.  This would  weed  out  best available  candidates  from the open market and  would  give undue advantage to less meritorious candidates.  That  would seriously  impair  the  efficiency  of  administration.   It deserves   to  be  pointed  out  that  even   while   making reservation for members of the Scheduled Castes and the  the Scheduled  Tribes  as  permitted by  Article  16(4)  of  the Constitution, efficiency in administration is required to be borne  in  mind,  as  enjoyed by  Article  335;  and  it  is principally this requirement which led the 9- Judge Bench of this  Court  in the Mandal Commission case (A.I.R.  1933  SC 477)  to  hold  that reservation cannot  exceed  50%.   This aspect  shall have to be borne in mind, a fortiori, here  as the weightage to be given has no constitutional sanction. (3)Then   by  section  4  of  the  Official  language   Act, continuance of English is provided for.  Section 7  provides for  grant of special position to Urdu in certain  areas  of the State.  Under these circumstances, grant of weightage to only  those  who  studied  in Telugu  medium  would  not  be strictly in consonance with the provisions of the Act 18.  It must, therefore, be held that the Division Bench  of the Andhra Pradesh High Court was not right when it took the view  that provision of said weightage was in the  interests of the State to enable it to prefer persons who were  better acquainted  with Telugu, being the official language of  the State.   With respect, the Division Bench was not  justified in  upsetting the contrary view expressed by learned  single Judge B.P.Jeevan Reddy, J. 19.  Before parting we may mention one submission on  behalf of the Telugu medium students.  It was submitted that if the weightage given to them in recruitment is to be found  fault with,  those Telugu medium candidates who have already  been appointed may not be disturbed otherwise irreparable  injury will  be caused to them.  It was also submitted  that  those Telugu medium students whose appointments could not be  made on account of the pendency of these proceedings may be given one  more chance to compete for future recruitment  on  such posts  and for that purpose suitable age relaxation  may  be given  to them as otherwise they will be out  of  employment market.   In our view this request is quite  reasonable  and deserves to be, granted.  We, therefore, direct that despite our  finding that 5 per cent weightage given to  the  Telugu medium graduates in the present case is violative of Article 14  and  16(1)  of  me  Constitution,  those  Telugu  medium graduates who have already been appointed to the strength of such weightage and who are working on their concerned  posts should  not be disturbed and their appointments will not  be adversely  affected by the present judgment.  On  the  other hand,  those Telugu medium graduates have been  selected  on the strength of the weightage but to whom actual appoint- 629 ments  have  not been given on account of  pendency  of  the present proceedings should be given a chance to complete for such  posts as and when future recruitment to such posts  is resorted  to  and for that purpose only  once  suitable  age relaxation  may be given to them in case they are  otherwise

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found  suitable  on merits to be appointed  in  such  future direct  recruitment to such posts.  In other words, only  on account  of the fact that they have become age barred,  they should  not be denied appointments on the strength of  their meritorious  performance.  This will be pay way of only  one time concession about age relaxation. 20.  As  a result, subject to what  is  stated  hereinabove, Civil  Appeal No. 2914 of 1981 will have to be  allowed  and the judgment and order of the Division Bench will stand  set aside  and  the  decision  rendered  by  the  Single   Judge B.P.Jeevan Reddy, J., as he then was, will stand resorted in W.P.No.2041 of 1981.  Civil Appeals arising out of S.L.P.(C) Nos.  6395  and 13446 of 1994 on the other hand  will  stand dismissed and the judgment and order rendered by the  Andhra Pradesh  Administrative  Tribunal at Hyderabad in  O.A.  No. 2142  of  1993  will  stand confirmed.   In  the  facts  and circumstances  of  the case, there will be no  order  as  to costs.  Ordered accordingly. 630