M KRISHNA KUMAR Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner, a member of the Scheduled Caste, was placed at Rank No. l in the supplementary list of Scheduled Caste for selection and appointment to the post of Tradesman (TV Maintenance and Repair) in the Technical Education Department in the Kannur District.

(2.) Petitioner was not advised for recruitment as the turn of the petitioner did not arise while advising candidates as per the rules of reservation and rotation. Rank list which was brought into force with effect from 7-2-1998 had passed through two selection years, viz. 7-2-1998 to 6-2-1999, 1st selection year and 7-2-1999 to 6-2-2000, 2nd selection year. Since the post of Tradesman (TV Maintenance and Repair) was notified for the first time in Kannur District, fresh rotation was followed starting from MRI 1 OC. Five candidates were advised for recruitment from the rank list. During the first selection year, ie., from 7-2-1998 to 6-2-1999, three candidates were advised for recruitment against the three fresh vacancies, the details of which are furnished hereunder: <p>MRI 1OC Jacob Thomas (R. No. l) : Advised on MRI 2E Girija. M. (R. No. 2 Thiyya) : 5-3-1998 MRI 30C SreedharanNair. K. (R. No. 3) : Ad vised on 20-1-1999.

(3.) We may now come to second selection year, ie., from 7-2-1999 to 6-2-2000. During the period of second selection year two vacancies were reported. One was NJD vacancy due to nonjoining duty of Sreedharan Nair.K. who was advised on 20-1-1999 against the turn of MR 1 3 OC and another vacancy was a fresh vacancy. In other words, only one fresh vacancy was reported during second selection year, Resultantly the next OC candidate Shaji. M.S. (R. No. 4) was advised against the NJD vacancy (MRI 3 OC). While advising candidate against the only one fresh vacancy reported during the second selection year, theturn MR 14 SC was temporarily passed over and one Anilkumar.P. (Rank No. 5) was advised against the turn MR I 5 OC, The turn MR 14 SC which arose for advice was temporarily passed over to keep the 50% rule, i.e. to ensure that in no selection year reservations including carrying forward vacancies to a category of post shall exceed 50% of the total number of vacancies for which direct recruitment to that category is resorted to in that year as provided in the proviso to Rule 15 of the KS & SSR. Petitioner is aggrieved by the above procedure followed by the Public Service Commission.