GOVERNMENT OF ANDHRA PRADESH ABSTRACT

P u b l i c Services - Subordinate -Service:: - Scheme of compassionate appointmentsto the dependents of deceased Government employees certain clarification-Issued. GENERAL ADMINISTRATION (SERVICES.A) DEPARTMENT

G.O.MS.NO.577

DATED.: THE 29 OCTOBER,1993 1 3.O..Vs.No. 612, G.A.iSER.A) dept.,Dt. 30.10. 1991 2 From the Collector, Nizamabad Letter Mo.A2/2727/93 dt. 23.8.1993. ***

TH

ORDER::In para 2(viii) of the G.O. first read above, it V55 ordered , that the .Tanimurn qualification, require i to hold the post cf- Junior Assistant in the :; = ;fs cf Departments/Directorates is Degree and in Subordiante Offices Intermediate and that'" the candidates for- compassionate appointment who do r.c- possess the said qualification can be considered for appointment, if they possess atleast Inter.-.erliate/Tenth Class qualification respectively, by givir.g reasonable time to acquire higher qualification prescribed under rules to hold such post. 2. in the reference 2nd cited, the Collector, Nizamabadhas seated that a number of candidates .are creting appointed as Junior Assistants without possessing the minimum educational qualification and it is likely that they will not be able toacquire the Intermediate -qualification withinthe year allowed for this purpose and that the posts of Junior Assistants are likely to be saddles with candidates who do not possess the minimum qualification. He has therefore/ suggested that the practice of making such conditional appoint-nencs .be reviewed.

3. Government have examined the above proposal. The minimum qualifiction required to hold the post of Junior Assistant in Heads of.-Departments/Directorates and Secretariat, is Degreed while in .subordinate Offices it is Intermediate, it is considered necessary to prescribe a_ time limit for acquisition of the minimum, .educational qualification prescribed under the'rules ."to hold such posts by the candidates appointed under compassionate grounds. 4. Government accordingly "direct that a minimum pericd of 3 years to__ajdguire_Inte_rrnediate qualifi-cation and 5 years for acquisition of Degree quaTir JLcation be allowed inrespecrt of candidates appointed to the Post of Junior Assistants in the Subordinate Offices .and Heads and Secretariat Departments as the- case may be. The period should be reckoned from the date of appointment of the individual concerned.
(By order and in the name of the governor of Andhra Pradesh)

K., JAYABHARATH REDDY, Chief Secretary to Government

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Public services District Recruitment - Selection and appointment of the candidates possessing HigherQualification than the prescribed qualification Adhoc Rule Issued. GENERAL ADMINISTRATION (SER-A) DEPARTMENT G.O.Ms.No.282 Dated : 20-09-2003 Read the following:Memo .No.32359\Ser.A/99, G.A.(Ser.A) Deptt., dated 14-6-1999. ORDER In the reference read above, it has been clarified among others, that for direrct recruitment While higher qualification besides the prescribed qualification is not a bar for considering the applicant, however, non-possession of the prescribed qualification even if a candidate possesses a higher qualification is a bar and hence his qualification needs to be rejected. 2 The Supreme Court of India in Arun Tivari and others Vs. Zila Mansari Shikshak Sangh (1998(2) SSC 332 held that a higher qualification which is prescribed for a particular scheme can not be considered as violate of article 14, when candidates with higher qualifications are available, choosing them instead of candidates with inferior qualification is not violation of article q14 or 16 . In another case, The Supreme Court in Md. Riazul Osman Gani Vs. District and Sessions Judge Nagapur (2000(1) scale 508) held criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification, than prescribed can not be rational. The Direct Recruitment to various categories of posts in Public Services shall be as par the qualifications prescribed in the rules governing such posts. In several cases, it is noticed that the candidates with higher are appearing for selection and are claiming for their appointment, even though they do not possess the prescribed qualification but however possessing higher qualification. After careful examination, Government have decided to the following Adhoc Rule.

4.The following notification will be published in the Andhra Pradesh Gazettee NOTIFICATION In exerc ise of the powers conferred under the provisio to article 309 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following Adhoc Rule.

ADHOC RULE Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules or Special Rules or any other rule governing the post for the Direct Recruitment the candidate who possesses higher qualification than the prescribed qualification and the candidate with higher qualification without the prescribed qualification shall also be considered for selection alongwith candidates who have the prescribed qualification only 4 The Departments of Secretariat will issue necessary amendments to the service rules accordingly. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) MOHAN KANDA CHIEF SECRETARY TO GOVERNMENT

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT PUBLIC SERVICES - Andhra Pradesh Ministerial Service Rules -Amendment td*R.ule 6(2) of Andhra Pradesh Ministerial Service Rules, 1998 -Notification-Orders--Issued.
GENERAL ADMINISTRATION (SER.B) DEPARTMENT
G-P,JV[s,No.. 568 Read the following: -

1. G.O.Ms.No.261, G.A, (Ser.B) Dept,, dt:14,7;1998. From the President, All Andhra 2 Pradesh Government Class IV Employees Central Association, Lr., No. 9/2005, . dt:7.2.2005. From the CEO, ZP, Khammam, Rc.No.A4/44/2003, dt: 16.2.2005. From the President, A. IP, Non-Gazetted Officers' Association, Lr. 3. No. NIL, dt;12.5.2005. 7.,". * 4. Govt. Letter No. 30419/ SerJ3/A2/05-4; G.A.D. Dt. 19.10.2005 From the Secretary, A. P. Public Service Commission Lr. No.1134/RR/2/2005, Dt. 8.12.2005.
ORDER:-

As per rule 6(1) of Anclhra Pradesh Ministerial Service Rules, 1998,no person shall be eligible for appointment to the categories specified incolumn ( I ) of Anriexure-I to these rules by the 'method specified incolumn (2) thereof, unless he possesses the qualifications specified in thecorresponding entry in column (3) thereof.
2 As per rule 6(2) of the said Rules, 1998, no person shall be eligible for appointment to any post in the service either by direct recruitment or by appointment by transfer or by promotion, including conversion, unless he possesses the Intermediate qualification and where; a higher educational qualification is prescribed for such post, such higher qualification. 3. As per Annexure I to rule' 6(1) of Andhra Pradesh Ministerial Service Rules, Intermediate is the basic qualification prescribed to the post of Junior Assistant/Typist/Junior Stenographer/ Junior Accountant etc., in the Offices other than the Heads of the Departments and Directorates and for the posts of Typists/Junior Steno/Senior Steno in the Offices of Heads of Departments. Similarly as per the aforesaid rules, Bachelor's Degree is the basic qualification to the post of Junior .Assistant/Assistant-curn-Typist etc,, in the Offices of the Heads of the Departments and Directorates, 4. It is brought to the notice of the Government that Record Assistants and Attenders who possessed higher' qualification 'like Bachelor's Degree through Open University without pausing the basic qualification of Intermediate are not being considered for appointment by

transfer to the post of Junior Assistant etc. as these candidates have notpossessed Intermediate qualification, The All A.P. Government Class.IV'employees Central Association if their representation second i tad-above, have requested to consider thd in-service candidates who acquired degree qualification directly without the basic qualification of Intermediate prescribed in Andhra Pradesh Ministerial Service Rules, 1998 for promotion to the post of Junior Assistant etc. 6. The A.P. Non-Gazetted Officers Association also, for the reasons| stated -in their representation fourth read above have requested the! Government to amend the Andhra Pradesh Ministerial Service Rules to facilitate the in-service employees who possess higher qualification like Degree without passing Jntermcdiate to get promotion as Junior Assistant
CLC.

7. The Chief Executive Officer, Zilla Parishad, Khammam, in his letter third read above, sought for clarification whether the Bachelor's Degree qualification obtained through Open University can be taken into consideration for promotion to the post of Junior Assistant from the feeder categories without possessing the Intermediate or not.

8. Government after careful .examination have decided that the in-service persons in the feeder categories to the posts of Junior Assistant/Typist/Junior Stenographer/Senior Assistant etc., in Andhra Pradesh Ministerial Service Rules who possess higher educational qualifications such as Bachelor's Degree/Post Graduation qualification directly: without the basic educational qualification prescribed for the said posts in Andhra Pradesh Ministerial Service Rules shall also be .considered for appointment by transfer/conversion as Junior Assistant-etc., or. for promotion to the post of Senior Assistant along with the candidates who have the prescribed qualifications, and to amend the rule) of Andhra Pradesh Ministerial Service Rules, accordingly 9. The following Notification will be published in the Extraordinary issue of the Andhra Pradesh Gazette;
NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of 'the Constitution of India, and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Ministerial Service Rules, 1998 issued in G.O.Ms,No.261, General Administration (Ser.B) Department, dated 14th July, 1998 and published in the Andhra. Pradesh Gazette Part.I, Extraordinary, dated the 29th October, 1998 and as subsequently amended from time to time.
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AMENDMENT

In the said rules, after the proviso to sub-rule (2) of rule 5, the flowing, shall be added namely,-"Provided also ,that in the matter of appointment by transfcr/convcrsion/promotion to any post in the service for which Intermediate qualification or where a higher educational qualification Is prescribed ' as the basic' qualification, the person in' the feeder categories who possesses higher qualification such as Bachelor's Degree and/or Post Graduation qualification directly from any

University in India established or incorporated by or under a Central Act, State Act or Provincial Act or an Institution recognised by the University Grants Commission or anyequivalent qualification without the basic educational qualification prescribed for the post shall also bo eligible for appointment by transfer/conversion as JuniorAssistant etc. or for promotion to the post of SeniorAssistant along with candidates who have the prescribedqualification."
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

DR.J.C. MOHANTY, Prl. Secretary to Government (R&IAD)/ Special Chief Secretary to Government (Services) ,(I/c) To The Commissioner of Printing, Stationeiy & Stores Purchase Department, Andhra Pradesh Hyderabad (with a request to publish in Andhra Pradesh Gazette and supply 300 copies for distribution) All the Departments of Secretariat All the Heads of the Departments All the District Collectors. The Secretary, Andhra Pradesh Public Service Commission, Hyderabad. (with a covering letter) v The Law (Scrutiny Cell) Department. All the Service Sections in G.A.D. The President, Andhra Pradesh Non-Gazetted Cfficers'Association, -9-1112, ^Chaitanya, NGO Home, Gunfoundry, Hyderabad. The President, All Andhra Pradesh Government Class-IV Employees Central Association, 5-9-1112, Chaitanya, NGO Home, Gunfoundry, Hyderabad "A copy of this order is available on the Internet and can be accessed at the address- http://www.apts.gov.in/apgos " SF/SC. //FORWARDED BY RDER//