PYLO Vs. STATE OF KERALA

JUDGEMENT

(1.) The 17 petitioners were applicants for appointment to posts of Last Grade Servants in Alleppey District. They had applied pursuant to the notification issued by the Kerala Public Service Commission and published in Kerala Gazette dated 15-12-1981. They were included in the ranked list published on 5-3-1983 with rank Nos. between 166 and 473. 8 of the petitioners in OP No. 8652 of 1984 and 2 petitioners in OP No. 10575 of 1984 belong to non reservation communities. From these categories persons holding rank up to 128 were advised for appointment. 4 petitioners in the former and 3 candidates in the latter Original Petition belong to Ezhava and Muslim communities which are entitled to the benefits of reservation in the matter of employment. Candidates with ranks upto 142 and 170 were advised from these communities. All the petitioners are ranked lower down, the earliest with rank 166 and the last with rank 473 in the ranked list. According to R.13 of the Rules of Procedure of the Kerala Public Service Commission, the minimum period of validity of a ranked list is one year provided that the said list will continue in force till publication of a new list after the expiry of the minimum period of one year or till the expiry of two years whichever is earlier. The maximum period of validity was extended from two to three years by a recent amendment to R.13 of the Rules of Procedure, but the minimum period is still retained as one year, with the result that the Public Service Commission can reduce the validity of the ranked list by publication of a new list soon after the one year period is over.

(2.) The petitioners submit that even before the expiry of the minimum period of validity of Ext. P1 ranked list the Public Service Commission issued afresh notification Ext. P2 dated 3-5-1983 inviting applications for appointment to last grade service in Alleppey District. It is the petitioner's case that there were many vacancies in last grade service in Alleppey District. which could have been filled up by appointment of candidates included in the ranked list; but no steps were taken by the concerned departments to fill up those vacancies. The invitation of applications for appointment afresh resulting in cancellation of Ext. P1 list is said to be arbitrary and discriminatory in these circumstances. According to the petitioners, there was no reason why candidates like the petitioners should be refused appointment by cancellation of the ranked list, Ext. P1, before the expiry of the three years period on 4-3-1986.

(3.) The petitioners contend that R.13 of the Rules of Procedure is beyond the competence of the Public Service Commission, since legislative power in respect of Public Service rests only with the State and not with the Public Service Commission in view of entry 4' of list II of the VIIth Schedule of the Constitution of India. It is also submitted that assuming R.13 is within the competence of the Public Service Commission, that rule is invalid as conferring an arbitrary power on the Commission to publish a new list so as to reduce the period of validity of an earlier ranked list resulting in denial of employment to selected candidates included in the former ranked list. The consequence of such arbitrariness is sought to be illustrated by a reference to Ext. P3, whereby the application of one of the candidates included in Ext. P1 ranked list was rejected by the Public Service Commission as he was over aged. The petitioners contend that but for the arbitrary decision of the Public Service Commission to publish a new list, the petitioners would have got a fair opportunity to be appointed against vacancies arising within the three year period upto 4-3-1986. They submit that there were existing vacancies 37 in the courts, 50 vacancies of Lascars in the Mechanical Division of PW. Department, 60 vacancies in Education Department, 2 posts each in Stationery and Water Transport Departments, 17 vacancies in Land Revenue Department and a number of vacancies in the various departments in Pathanamthitta District recently formed out of some Taluks of Alleppey and Quilon Districts after the publication of Ext. P1 ranked list, which were filled up either by provisional or daily rated casual employees without advising the candidates included in the ranked list. The petitioners submit that the preparation of the new list has the effect of precluding the petitioners, most of whom are nearly over aged, from ever seeking public employment.