ANEESH A.P. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner, ranked 83 in the main list for recruitment from open market under category No. 135 of 2008 for appointment to the post of Live Stock Inspector Gr. II in the Department of Animal Husbandry in the Thiruvananthapuram District, is entitled to OBC reservation. The issue raised by him before the Tribunal was as to whether the Public Service Commission was justified in not issuing advice memos to OBC candidates including him, though three turns for OBC had already reserved. PSC placed materials and reply statement before the Tribunal evidencing that in the previous rank list, three vacancies belonging to different other communities were filled up by appointing candidates from OBC and therefore, from the present rank list, the first three OBC turns must be compensated to those communities. Tribunal examined Annexure-A2 appointment chart and concluded on facts, that there is no way for the applicant to claim that he be given one among the three OBC turns occurring at the first instance, while operating the present list. Petitioner's learned counsel referred to Rule 15A of the General Rules in KS & SSR. That rule was introduced by substitution with the clear provision that it shall be deemed to have come into force on 2nd February, 2006. There is a Note, after the Explanation to sub-rule (a), clearly providing that all pending uncompensated turns of vacancies; such as, 'temporarily passed over', 'no candidates available' and 'non-joining duty'; as on 2nd February, 2006, shall be compensated. Therefore, until then, there was no inhibition for carrying over, in compensation. This was what was done by the PSC while operating the list of 2003. Hence, there is no jurisdictional error or legal infirmity in the decision rendered by the learned Tribunal affirming PSC's action.