JAYACHANDRAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner is an applicant for the post of Munsiff in the Kerala Civil Judicial Service. His complaint is that though he has been selected and included in the list prepared by the Public Service Commission, he is not being advised and appointed to the existing vacancies. He has. therefore, filed this writ petition for a writ of mandamus commanding the Kerala Public Service Commission to advise his name for appointment to the post and to direct the 1st respondent-State to appoint him as Munsiff in the Kerala Civil Judicial Service and for other consequential reliefs.

(2.) The brief facts are these. The Public Service Commission invited application for the post of Munsiffs in the Kerala Civil Judicial Service by a notification dated 11-10-1980. Appointment has to be made in accordance with the Kerala Civil Judicial Services Rules. Rule 6(3) therein states that out of every three vacancies arising in this category of Munsiffs, the first and third shall be filled or reserved to be filled by direct recruitment and the second by transfer from among the specific categories of officers mentioned therein. Rule 7(a) provides that all first appointments by direct recruitment or transfer shall be made from the list of approved candidates in the order shown therein. Rule 7(b) relates to preparation of list of approved candidates. The Public Service Commission shall from time to time, hold examinations, written and oral, and shall make separate lists of persons considered suitable for appointment to this category by direct recruitment and by transfer, and shall forward the lists for the approval of the Governor. In each list the candidates have to be arranged in the order of merit subject however, in the case of the list for direct recruitment the rules of reservation will also apply at the time of appointment.

(3.) The notification issued by the Public Service Commission specifically adverted to the Kerala Civil Judicial Service Rules and mentioned that the number of vacancies for direct recruitment or for recruitment by transfer was not estimated.