SAJITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the amendment to R.14 and R.15 of Part II KS & SSR, substantially changing the concept of 'selection year' and the manner in which the rules of reservation / rotation are to be applied (as per Ext. P5 notification dated 08/03/2006, to be effective from 02/02/2006) has any adverse effect on the rank lists already published or whether the scope of amendment has to be restricted only to the rank lists which are published on or after 02/02/2006, forms the basic issue for consideration in this appeal.

(2.) The appellant is the unsuccessful writ petitioner. The third respondent, Kerala Public Service Commission, invited application for the post of Lecturer in Islamic History in the Collegiate Education Department, as per the Gazette notification dated 18/12/2011. The appellant, having the requisite qualification, applied for the post and on finalization of the selection process, she was included at rank No. 5 in Ext. P4 rank list published on 28/11/2003.

(3.) The case put forth by the appellant is that, the first rank holder in Ext. P4 was advised for appointment on 03/02/2004 against an 'open' vacancy, which arose during the first selection year i.e. 28/11/03 to 27/11/2004. The second rank holder (Ezhava community) and the third rank holder (open category) were also advised for appointment in the same selection year (on 13/03/2004). However, in the second selection year i.e. from 28/11/2004 to 27/11/2005, only one vacancy arose and as such, the 4th rank holder was advised on 14/11/2005 against 'open' quota, lest the extent of reservation did exceed 50%. The dispute is with regard to the next vacancy that arose in the 3rd selection year i.e. 28/11/2005 to 27/11/2006, which was a retirement vacancy in the University College, Thiruvananthapuram occurred on 01/06/2006. Since there was only one vacancy in that year, the appellant contends that she was liable to be advised in respect of the said vacancy as an 'open candidate', to be in conformity with the rule providing a maximum of 50% reservation as contemplated under the 'proviso' to 15(c) of KS & SSR.