K R PREMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These four Original Petitions related to appointment of Assistant Public Prosecutors Grade-II. Petitioners and the contesting respondents were applicants for the post. They were interviewed by District Committees consisting of the District Collector, Chief Judicial Magistrate and the Superintendent of Police. They were included in the panels prepared in the order of preference and forwarded by the District Collectors to the. Government thereafter. Petitioners in O.P. Nos. 5601, 5704 and 7117 of 1981 were assigned rank No. 1 in the order of preference in the panels sent up by the District Collectors, Kottayam, Cannanore and Ernakulam respectively. Petitioner in O.P. No. 5895 of 1981 was included as No. 8 in the panel in respect of Ernakulam District. They complain that the Government chose other persons who were not entitled to any preference for appointment on the application of any known or ascertainable standards. According to them such choice was made by the Government whimsically and capriciously. Petitioners contend that the selection and appointment were influenced by extraneous considerations. Petitioners, therefore. seek cancellation of the appointments made in favour of the contesting respondents, and a direction to the appointing authority to appoint the petitioners as Assistant Public Prosecutors Grade-II.

(2.) Appointments of Assistant Public Prosecutors have to be made under S. 25 of the Code of Criminal Procedure. The method and procedure for appointments were prescribed in G.O. Ms. 123/Home dated 27-3-1962. District Collectors have to notify the vacancies in all Bar Associations in the Districts and forward to the Government a panel of names of not less than five applicants arranged in the order of preference in consultation with the concerned Superintendent of Police and Chief Judicial Magistrate. It is now beyond controversy that at the relevant time the procedure provided for preparation of panel of names in the order of preference by a committee consisting of the District Collector, Chief Judicial Magistrate and the Superintendent of Police. Rules 14 to 17 of the Kerala State and Subordinate Services Rules relating to communal rotation have been made applicable to the appointments. The unit for appointment of Assistant Public Prosecutors Grade-II, seniority probation etc., is the Revenue District. The appointing authority, however, is the State Government. It is in the context of these general provisions that we have to consider the controversy involved in these original petitions.

(3.) There was one vacancy in Kottayam District, two vacancies in Cannanore District and two vacancies in Ernakulam District. As I mentioned errlier. petitioners in O.P. Nos. 5601, 5704 and 7117 of 1981 were ranked as No. 1 in the panel sent up by the respective District Collectors. The Government, however, appointed persons who were lower down in the panel. Petitioners insist that the Government ought to have followed the order of preference given in the panel as is envisaged by the Special Rules. The Government Pleader contends, that the appointing authority being the Government, it was open to the Government to select any candidate out of the panel, without reference to the preference indicated therein.