DALILAH SOJAH Vs. STATE OF KERALA

JUDGEMENT

(1.) Special leave granted.

(2.) The only question which servives for consideration in these appeals relates to the seniority of the appellant vis-a-vis respondent as Legal Assistant in the Department of Law under the Kerala Government.

(3.) The selection for the said post of Legal Assistant took place and a select list was issued on 23rd June, 1971. The name of the appellant was included therein. In view of the fact that there were some reservations which have been made for the OBCs and there was a likelihood that if the appellant had been appointed there would have been a disturbance of the 50% reservation which was permitted, the appointment of the appellant was not made and she was passed over. It is an admitted fact that the appellant was entitled to be appointed against the future vacancy as and when it arose.