THE GOVERNMENT OF ANDHRA PRADESH AND OTHERS vs BALA MUSALAIAH AND OTHERS

The Supreme Court held that the Government Order (G.O.) issued by the Andhra Pradesh government, which prohibited the termination of reserved category candidates, violated Article 16(1) of the Constitution. The High Court had previously invalidated the G.O. for failing to balance the claims of different communities and for introducing an unlimited carry-forward rule, as established in T. Devadasan v. Union of India, AIR 1964 SC 179. The Court suggested that the State Government should issue a new G.O. in accordance with the principles laid down in Indra Sawhney v. Union of India, 1992 Supp.(3) SCC 217, allowing a stay on the appeal for three months to facilitate this process.