SAJITHA B Vs. STATE OF KERALA

JUDGEMENT

(1.) These Writ Petitions concern the filling up of posts of Lecturer in Islamic History. Ext.P4 in W.P.(C) No. 19525/2006 is the Rank List published by the Public Service Commission on 28.11.2003. A decision on the reliefs sought for in W.P.(C) No.19525/2006 will have impact in the connected Writ Petitions. Hence W.P.(C) No. 19525/2006 is taken as the leading case.

(2.) The petitioner belongs to a Muslim family. The notification issued by the Public Service Commission is dated 18.12.2001 and applications were invited for the post of Lecturer in Islamic History. In Ext.P4 rank list, the petitioner is ranked No.5. After the rank list came into force, the first rank holder was advised on 3.2.2004 which arose in the first selection year, i.e., from 28.11.2003 to 27.11.2004. An open category candidate was appointed. The second rank holder (Ezhava community) and third rank holder (open quota) were also advised on 13.3.2004 during the same selection year, viz. 28.11.2003 to 27.11.2004. During the second selection year one vacancy arose and the fourth rank holder (open merit) was advised on 14.11.2005. During the third selection year a vacancy arose in the University College, Thiruvananthapuram due to retirement, on 1.6.2006. It is pointed out that the petitioner is entitled to be advised in the said vacancy which arose on 1.6.2006.

(3.) During this period, an amendment to the Kerala State and Subordinate Service Rules, 1958 was brought into effect by Ext.P5 Notification dated 8.3.2006 with retrospective effect from 2.2.2006. Based on the amendment, the Public Service Commission also issued a circular as per Ext.P6. Going by the amendment, there is only one selection year for a ranked list, i.e., the duration of its period. In the light of the amendment, the Public Service Commission took the view that the advice of candidates approved on or after 2.2.2006 shall be reviewed on the basis of progressive OC - BC turns. Going by the Note in the amended rules, the pending uncompensated turns will have to be compensated.