JOSEPH Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) PETITIONER applied for admission to part-time LL. B. course (evening) in Government Law College, ernakulam. PETITIONER is employed as a Cashier in the Electrical Section of the kerala State Electricity Board. PETITIONER was included in the provisional list and on inquiry he came to know that he is not being considered eligible to get admission against 30% of the seats reserved for State Government employees. According to the petitioner, he is also a State Government employee and thus entitled to get reservation under Clause 8 of Ext. P3 prospectus. PETITIONER seeks for a declaration that he is entitled to get admission to part-time LL. B. course (evening) in the seats reserved for State Government employees.

(2.) I heard the petitioner's counsel and the Government pleader. The main contention urged by the petitioner's counsel is that the petitioner, who is an employee of the Kerala State Electricity Board, is to be considered as a State Government employee for the purpose of reservation under clause 8 of Ext. P3 prospectus. Counsel for the petitioner elaborately argued that the Kerala State Electricity Board is a statutory body fully controlled by the Government and the employees of the Board are discharging governmental functions and, therefore, its employees are to be treated as State Government employees. It is true that the Government has got deep and pervasive control over the Kerala State Electricity Board. The employees are also paid under a separate budgetary allocation and the functions carried out by the K. S. E. B. are governmental in nature. But all these criteria would make K. S. E. B. an authority under Art. 12 of the Constitution. It cannot be said that the employees of the k. S. E. B. are State Government employees. The Kerala State Electricity Board is a statutory Board discharging certain specified functions. In the matter of policy decisions of the Board the State Government can give directions to the board and the Board is bound to carry out such directions. The employees of the board are appointed by the Board itself. Now the power of appointment of some of the employees of the Board vests with the Kerala Public Service Commission as per the provisions of Kerala Public Service Commission (Additional functions) (Consultation) Rules, 1966. The employees of the K. S. E. B. are also not governed by the Kerala Service Rules, but the provisions of the Kerala service Rules are made applicable by separate executive order. The conditions of service of the K. S. E. B. employees are also separate and distinct and they are not governed by the general conditions of service, which are applicable to state Government employees. Therefore, the contention of the petitioner that the employees of the K. S. E. B. are State Government employees cannot be accepted.