KERALAPUBLIC SERVICE COMMISSION Vs. BHUVANA

JUDGEMENT

(1.) The dispute in this case revolves around the procedure followed by the Kerala Public Service Commission (PSC) in preparing two lists of suitable candidates for recruitment. The first list consists of candidates with higher qualifications, while the second list includes those with lower qualifications. As per Rule 12.A of the Kerala Public Service Commission Rules of Procedure, candidates with lower qualifications will only be considered if there are no candidates available with higher qualifications. The rule also specifies that List II will be used only when there are no candidates in List I.

(2.) The key issue for consideration in this case is how this rule should be applied to candidates from reserved categories. The PSC took the position that if no Scheduled Tribe candidates were available in List I, they could recommend candidates from List II. However, the Tribunal held that candidates from List II could only be advised after exhausting List I. The primary question, therefore, is whether List I must be fully exhausted before advising candidates from List II.

(3.) The PSC Rules of Procedure do not have any statutory backing; they are meant to ensure transparency in decision-making and to guide the selection process. There is no dispute regarding the suitability of candidates from both lists. As per the note to Rule 14(e) of the Kerala State & Subordinate Services Rules, 1958, "suitable candidates" shall mean candidates with notified minimum qualifications and marks in selection procedure lowered to the extent necessary.