Supreme Court of India Considers Constitutional Validity of Five Per Cent Weightage for Telugu Medium Candidates in Andhra Pradesh Public Service Recruitment. The challenge focuses on whether rules framed under Article 309 read with Section 8(1) of the Andhra Pradesh Official Language Act, 1966, granting five per cent additional marks to candidates with Telugu medium educational qualifications violate Articles 14 and 16 of the Constitution.

Constitutional challenge to rules granting five per cent weightage in public service recruitment to candidates with Telugu medium educational qualifications, under Article 309 of Constitution and Andhra Pradesh Official Language Act, 1966.

Non-Telugu medium candidates sought quashing of G.O.Ms. No.504 and No.603 and the statutory rules granting weightage as violative of Articles 14 and 16; State and Telugu medium candidates sought to uphold the rules.

Alleged discrimination against non-Telugu medium candidates in APPSC competitive examinations due to additional five per cent marks awarded to Telugu medium candidates.

Single Judge of Andhra Pradesh High Court quashed G.O. No.504 as discriminatory; Division Bench allowed writ appeals and upheld G.O.; Andhra Pradesh Administrative Tribunal struck down G.O. No.603 as violative of Articles 14 and 16.

Whether the State Government was justified in promulgating rules under Article 309 granting five per cent weightage to Telugu medium candidates in APPSC recruitment Whether such weightage violates Articles 14 and 16 of the Constitution as arbitrary and discriminatory Whether medium of instruction at qualifying stage can be a valid classification for public employment selection

Non-Telugu medium candidates argued that merit should be the sole criterion in public recruitment and that the weightage is per se arbitrary and discriminatory. Non-Telugu medium candidates contended that compulsory Telugu language examination after recruitment already ensures working knowledge of Telugu, making the weightage unnecessary and devoid of nexus to efficiency. Non-Telugu medium candidates submitted that the weightage effectively imposes an additional eligibility criterion not found in recruitment rules and amounts to hostile discrimination against equally qualified candidates. Non-Telugu medium candidates suggested that the same objective could be achieved by adding a Telugu language paper in the competitive examination itself, giving all candidates an equal chance. State and Telugu medium candidates argued that as Telugu is the official language of Andhra Pradesh, requiring Telugu knowledge for clerical posts is reasonable and not arbitrary. State and Telugu medium candidates submitted that Telugu medium students from remote areas are disadvantaged and the five per cent weightage is a small measure to help them compete on a more even footing with English medium candidates. State and Telugu medium candidates contended that the weightage encourages study of Telugu and promotes the State's linguistic policy.

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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 direct 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 Commission for recruitment to such posts. 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 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 concept of selection on pure merits. 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

G.O.Ms. No.504 dated 26.6.1976 was issued granting 5% weightage for limited posts. Non-Telugu medium candidates filed Writ Petition No.2041 of 1981 before Andhra Pradesh High Court; single Judge Jeevan Reddy J. quashed G.O. on 7.6.1981 as violative of Articles 14 and 16. State and Telugu medium candidates filed writ appeals; Division Bench of Alladi Kuppuswami CJ and Seetharam Reddy J. on 15.9.1981 allowed appeals and upheld G.O., dismissing writ petition; Civil Appeal No.2914 of 1981 was filed by special leave. Meanwhile, State issued comprehensive G.O.Ms. No.603 dated 18.11.1981 extending 5% weightage to all Group II and Group IV services with exclusions. Non-Telugu medium candidates challenged this before Andhra Pradesh Administrative Tribunal in O.A.No.2142 of 1993; Tribunal on 18.1.1994 allowed challenge and held G.O. violative of Articles 14 and 16. Telugu medium candidates filed SLP(C) No.6395 of 1994 and State filed SLP(C) No.13446 of 1994 against Tribunal order. Supreme Court heard all appeals together.

• Constitution of India: Articles 14, 16, 309
• Andhra Pradesh Official Language Act, 1966: Sections 2, 4, 7, 8