JEEVAMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute involved in these Writ Petitions relate to appointment to the post of Artist in the Kerala Archaeological Subordinate Service. They were therefore heard together and are being disposed of by this common judgment.

(2.) The petitioner entered service as Draftsman in the Kerala Archaeological Subordinate Service on 25/11/2002 pursuant to Ext. P1 appointment order dated 12/11/2002 issued by the Director of Archaeology. Even before the petitioner entered service, by Ext. P3 letter dated 20/09/2001, the Director of Archaeology had reported one vacancy of Artist to the Kerala Public Service Commission, hereinafter referred to as the 'Commission' for short, for appointment by direct recruitment. The Commission accordingly issued a notification inviting applications from eligible persons for appointment by direct recruitment to the post of Artist in the Kerala Archaeological Subordinate Service.

(3.) As per the Special Rules for the Kerala Archaeological Subordinate Service (Ext. P4), the method of appointment prescribed for the post of Artist is by promotion of Draftsman and in the absence of qualified hands available for promotion from the category of Draftsman, by direct recruitment. The selection process pursuant to Ext. P3 letter sent by the Director of Archaeology got delayed. The Commission issued the notification on 16/12/2003. In the meanwhile, the petitioner entered service as Draftsman on 25/11/2002 pursuant to Ext. P1 order and later he was also promoted on a provisional basis by Ext. P2 order dated 09/12/2003 to the category of Artist. On 29/08/2006, the Commission published the ranked list of candidates selected for appointment by direct recruitment to the post of Artist from the open market. The fourth respondent is serial No. 2 in the ranked list thus published.