K B SUDHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Authority of the Government to resort to Special Recruitment in terms of R.17A the Kerala State and Subordinate Services Rules (for short "the Rules") during the currency of rank list published by the Public Service Commission (for short "the Commission") as part of the recruitment for the same post; the scope and ambit of the same is the principal question that arises for consideration in this case.

(2.) The petitioners are included in the rank list published by the Commission for the post of Assistant Engineer (Civil) in the Public Works Department / Irrigation Department on 07/05/2006. The first petitioner is Rank No. 75 and second petitioner is Rank No. 121 in the Supplementary List. The petitioners belong to Scheduled Caste. According to them, there are 125 candidates in total in the Supplementary List. As on 07/05/2007, Scheduled Caste candidates upto Rank No. 92 have been advised from the Supplementary List. The petitioners refer to the fact that during the period from 1981 to 1986 about 10 vacancies earmarked for Scheduled Caste candidates were not filled up. Similarly, about 60 vacancies earmarked for Scheduled Caste / Scheduled Tribe candidates during the period 1998-1999 also could not be filled up, in spite of the Rank List published during the said period. According to them, 70 vacancies earmarked for Scheduled Caste / Scheduled Tribe candidates were, therefore, carried forward and these vacancies will have to be filled up by Scheduled Caste candidates. That apart, from the same, 60 vacancies were reported by the Government to the Commission on 24/04/2006 and these vacancies, along with the vacancies earmarked for Scheduled Caste candidates, will have to be filled up by Scheduled Caste candidates. This could be done by operation of the Supplementary List. Further, as it is, the Supplementary List has been operated only upto Rank No. 92. There are 33 more candidates in the Supplementary List, who could be advised against the vacancies already reported to the Commission. If at all the Government wants to call for fresh applications from Scheduled Caste / Scheduled Tribe candidates, it could be done only after exhausting the Supplementary List. But, by Ext. P2, applications have been called for from members of Scheduled Caste community for the post of Assistant Engineer (Civil) in the Public Works Department by way of special recruitment. The number of vacancies noted in Ext. P2 is '10'. According to the petitioners, special recruitment should be resorted to only after exhausting the Supplementary List to the rank list dated 07/05/2006. It is contended that it is illegal on the part of the Government to resort to special recruitment for Scheduled Caste community when a Supplementary List containing persons belonging to the same community is pending enforcement. That, the Commission ought to have filled up the existing vacancies from the Supplementary List. Hence the writ petition praying for a direction to the 2nd respondent not to proceed with the special recruitment of Scheduled Caste candidates for the post of Assistant Engineer (Civil) in the Public Works Department / Irrigation Department, till the Supplementary List for the said post is exhausted. The further relief sought is for a direction to the 2nd respondent to advice candidates from the Supplementary List for Scheduled Caste community for the post of Assistant Engineer (Civil) against the reported vacancies within a time frame.

(3.) Learned Government Pleader, on instructions, submitted that special recruitment is resorted to by the Government in exercise of its powers under R.17A of the Rules and such special recruitment is in respect of vacancies which are set apart for the said purpose. R.17A enables the Government to reserve a specified number of posts to be filled up by direct recruitment exclusively from among the members of the Scheduled Castes / Scheduled Tribes. Since Government had set apart 10 vacancies for special recruitment from Scheduled Caste candidates, such special recruitment has been resorted to. This, the Government is entitled to under R.17A of Part II of the Rules. The power thereof is Independent from the power under R.14 to R.17 of the Rules.