N.UDAYAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner was an applicant for the post of Judicial Magistrate of the Second Class in response to Notification No. DCI (5) 3836/80/BW, dated February 30, 1980, issued by the 1st respondent, the Kerala Public Service Commission (the P.S.C.) published in the Kerala Gazette, dated February 19, 1980, Ext. P-1 being the relevant extract therefrom; and he was assigned rank No. 28 in Ext. B-2 ranked list prepared by the P.S.C. after holding a written examination and interview for the candidates in accordance with the said notification.

(2.) The Special Secretary, Home (C) Department, in his letter to the P.S.C., dated July 30, 1979, had requested the P.S.C. to advise 39 candidates for being appointed Judicial Magistrates of the Second Class alternatively by transfer and by direct recruitment from the Bar according to the provisions of R.6(3) of the Kerala Criminal Judicial Service Rules, 1973 (the Special Rules) which require that vacancies would be filled up alternatively by direct recruitment from the Bar, and by transfer. The petitioner being a member of the Bar, his application for selection and appointment was to the post in one of the 19 vacancies to be filled up by direct recruitment. It is the admitted case that if there were only 19 vacancies to be filled up by direct recruitment, the petitioner who ranked 28 in Ext. P-2 ranked list, prepared by the P.S.C. would not be entitled to be advised, as by the operation of rules 14-17 in Part II of the Kerala State and subordinate Services Rules, 1958 (the general rules), his turn could not have been reached.

(3.) When matters stood like this, the P.S.C. invited applications for appointment to the post of Judicial Magistrate of the Second Class by notification published in the Kerala gazette, dated November 19, 1982 (Ext. P-3). The number of vacancies notified was;