N BABU Vs. T M POULOSE

JUDGEMENT

(1.) Was the action of the Kerala State Electricity Board in filling up the seven posts of Executive Engineers (Electrical) from amongst the members of the Scheduled Castes / Tribes in conformity with the provisions of R.17 - A This is the short question that arises for consideration in these cases. A few facts as relevant for the decision of the case may be briefly noticed.

(2.) The Board constituted a committee to review the issue of representation of scheduled castes and scheduled tribes in various categories of posts. This committee met on April 26, 1989. It inter alia found that there was a deficit in representation in the cadres of Deputy Chief Engineer and Executive Engineers. Against a total of 224 posts at the top executive level, there were only 5 scheduled caste officers and none from the category of scheduled tribes. Thus, it decided that two posts at the level of Deputy Chief Engineers and 9 posts in the cadre of Executive Engineers may be filled up by direct recruitment. The recommendations of the committee were placed before the Board. These were considered in the meeting held on December 30, 1989. It was inter alia decided that 5 posts of Executive Engineer (Electrical) may be filled up from the category of scheduled castes and 2 from amongst the members of scheduled tribes. Similarly, one post each of Deputy Chief Engineers (Civil) was to be filled up from amongst the members of scheduled castes and scheduled tribes. Accordingly, a requisition was sent to the Kerala Public Service Commission for selection of persons for appointment to the two categories of posts.

(3.) In pursuance to the request from the Board, the Kerala Public Service Commission issued an advertisement on January 15, 1991. It invited applications for 7 posts of Executive Engineer (Electrical) and 2 posts of Executive Engineer (Civil). Similarly, applications were also invited for the other categories of posts. The process of selection was completed in the year 1993. On October 20, 1993, the Public Service Commission intimated the result of selection to the Board as well as the candidates.