Md Dastagiri Ahmed, v. The Andhra Pradesh Public Service Commission,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI WRI T PETI TI ON No.30241 of 2016 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the unsuccessful applicant in O.A.No.6907 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, which was dismissed by order dated 30.05.2016. The cause for grievance for the petitioner/applicant to approach the Tribunal was that the preliminary examination held by the Public Service Commission on 27.05.2012 was not in accordance with the notification.

According to Sri B.Ramulu, learned counsel for the petitioner/applicant, his client ought to have been furnished a copy of the question paper in Urdu language to enable him to answer in the same language and as this was not done, it was in violation of the terms and conditions of the notification. Reference in this regard was made to Clause 2 of the terms and conditions stipulated under the caption 'Other Important Points' in the notification dated 28.11.2011, which reads as under:

"The papers except General English may be answered in English or Telugu or Urdu chosen by the candidates. However, a candidate is not permitted to write part of the paper in English and part of it in Telugu or Urdu." This Court is of the opinion that the understanding of the petitioner/applicant that he would be furnished a copy of the question paper in Urdu language does not flow from the aforestated term. This term only demonstrates that it would be open to the candidate to answer

the concerned papers in English or Telugu or Urdu. No undertaking was held out by the Public Service Commission that the question papers would also be made available to the candidates in Telugu or Urdu language. We therefore find no error in the order passed by the Tribunal warranting interference in exercise of writ jurisdiction. The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. _______________ SANJAY KUMAR, J ____________________ M. SEETHARAMA MURTI , J 8th September, 2016 IBL