REJITHA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, the learned Senior Government Pleader and the learned Standing Counsel for the Public Service Commission.

(2.) The first question that arises in this original petition filed challenging the verdict of the Kerala Administrative Tribunal is as to whether a vacancy occurring by resignation of one who joined against NCA vacancy has to be filled up as if it is an NCA vacancy. Evidently not. We say so because, the concept of NCA vacancy or NJD vacancy is linked with the fact that certain vacancies remain unfilled as the result of the advised candidates, not joining duty. That event cannot be recognized from any point of time anterior to the advice of the person who joined against NCA or NJD vacancy; and later resigned.

(3.) The next aspect is as to whether, when a person who joined an NCA or NJD vacancy earmarked for a particular community on rotation, resigns thereafter; should that vacancy arising out of such resignation be given to a member of the same community The answer to this question has necessarily to be in the negative because, the 100 point roster system has to be worked upon and the vacancy will have to be treated as one that occurred as a result of the resignation by a member of the service.