SHAJI K.T. Vs. SYAM K.V.

JUDGEMENT

(1.) The controversy arising in the above appeals is as to the requirement of three years service, for the purpose of appointment by direct recruitment from departmental candidates, to the post of Sub Engineers, as available from the Recruitment Rules of the Kerala State Electricity Board Limited [for brevity 'the Board'].

(2.) The appellants are persons who have been included in the rank list published by the Kerala Public Service Commission [for brevity 'PSC'] for direct recruitment as notified form the public, for which there is a quota prescribed of 30%. The writ petitions were filed by the in-service candidates who sought for quashing the erratum notification issued by the PSC which is stated to be in conflict with the Recruitment Rules of 1981. They also sought appointment to the post of Sub Engineer (Electrical) in the 10% quota earmarked for filling up by direct recruitment from qualified Board employees. It was also urged that the stipulation of three years service in the Board, was not available in the original notification published by the PSC. There could be no change in the criteria of selection after the notification was published, argues Counsel. There is also no prescription in the recruitment rules for a minimum period of service, is the compelling alternative argument.

(3.) The learned Single Judge found that the erratum notification was not published in the media nor was it gazetted. The PSC despite directions, failed to produce any substantiating material. The erratum notification was found to be illegal and the delay in moving the Court was found to be inconsequential since the writ petitioners became aware of the erratum notification only much later, at the time of rejection of their candidature. On the finding that the erratum notification was illegal, the learned Single Judge refused to go into the issue of change in the rules of the game and the Government's right to overrule the advice of the PSC, which were also grounds raised to assail the three year prescription. The PSC was directed to prepare and publish rank list for appointment to the post of Sub Engineer (Electrical) in the Board with reference to the eligibility of candidates as per the original notification dated 31.12.2011 without insisting for the conditions in the erratum notification.