SIVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) R.17A of the Kerala State and Subordinate Service Rules provides that notwithstanding anything contained in the said rules or in the special rules, the State Government may reserve a specified number of posts in any service, class, category or grade to be filed by direct recruitment exclusively from among the members of Scheduled Castes and Scheduled Tribes.

(2.) By Ext. P2 order of the Government of Kerala, dated 6th August 1970 the Government reviewed the opportunities now provided to the members of Scheduled Castes and Scheduled Tribes in the State in the matter of appointment to public service. Pending evaluation of the backlog in representation of the Scheduled Castes and Scheduled Tribes in Government Service from 1950 onwards a special recruitment of Scheduled Castes and Scheduled Tribes to both gazetted posts and non gazetted posts was envisaged in the said order. One gazetted post each in departments where the total number of posts was less than 100 and 1 per cent of the gazetted posts in other departments was provided for such special recruitment. In regard to non gazetted posts in each department filled up by direct recruitment the special recruitment was to be made to five per cent of the posts provided that by such special recruitment the total number of Scheduled Castes and Scheduled Tribes in each category would not exceed the percentage fixed for them under the rules. Pursuant to this Government seems to have taken action for representation of Scheduled Castes and Scheduled Tribes in the post of Boat masters in the State Water Transport Department. The petitioners are persons who possess the qualifications for such appointment and who are working at the moment as provisional hands in the post of Boatmasters. Ext. P1 notification issued by the Public Service Commission mentioned that recruitment was being made to 43 posts of Boatmasters and further provided that all the 43 posts were reserved for Scheduled Castes and Scheduled Tribes. The petitioners challenge this notification as unwarranted by the provisions of R.17A of the Kerala State and Subordinate Service Rules read with Ext, P2 Government order.

(3.) R.17A enables the State Government to reserve a specified number of posts in any service, class, category or