P M SUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appointment of Assistant Public Prosecutor Grade II is governed by Special Rules. The Government is the appointing authority and a revenue District is the unit of appoint. The rules of reservation, General rules 14 to 17 apply to these appointments. The selection is to be made by a committee consisting of the Director of Prosecution as Chairman, the District Collector (as Convenor) and the Superintendent of Police.

(2.) Applications were invited in 1983 for appointment as Asst. Public Prosecutor Grade II in Kozhikode District. Out of the applications received, 9 candidates turned up and the selection committee prepared a panel of 5 names, including those of the petitioner and respondents 3 and 4.

(3.) The petitioner's grievance is that even though his name is included as serial number 1 in the list, even though there are vacancies in Kozhikode District, he is still not appointed. There is considerable force in this contention. According to the State, the list is not prepared according to merit and the Government are free to select and, appoint from this panel, following the reservation principles and thus the petitioner cannot, as of right, claim to be appointed merely because his name appears at the top of the list, in the panel of names.