KERALA PUBLIC SERVICE COMMISSION Vs. T BEERMASTHAN

JUDGEMENT

(1.) The point that arises for decision in this Writ Appeal is whether correct construction has been placed on Rules 14 to 17 of Part II, Kerala State & Subordinate Services Rules, 1958 by the Public Service Commission, while advising candidates to the post of Medical Officer (ISM).

(2.) The brief facts of the case are the following: The Kerala Public Service Commission invited applications for appointment to the post of Medical Officer (Indian System of Medicine) under the Kerala Government, by the notification published in the Kerala Gazette dated 14.10.2003. The rank list was published on 31.12.2005. The writ petitioners were candidates included in the supplementary list of Muslims as rank Nos.17 and 18. Ext.P1 is the rank list published by the P.S.C. According to the writ petitioners, 250 candidates were advised, out of which 198 were from the main list and 52 from the supplementary lists. In that process, only 28 Muslim candidates were advised. Going by Rules 14 to 17 of Part II, K.S. & S.S.R., 30 candidates should have been advised from the Muslim community. If two more Muslim candidates are advised, the writ petitioners would have got appointment. Ext.P2 is the rotation chart published by the P.S.C for appointment by direct recruitment. Ext.P3 is the chart published by the P.S.C., showing the present position of advice to various posts. As per that chart, as on 14.8.2006, 250 candidates have been advised to the post of Medical Officer (ISM). Feeling aggrieved by the omission of the P.S.C to advise them, the Writ Petition was filed by the petitioners, seeking the following reliefs:

(3.) According to the Public Service Commission, the candidates were advised strictly in accordance with the Rules. Up to 24.11.2006, 268 candidates were advised against the fresh vacancies and the non-joining duty vacancies reported by the appointing authority. Out of them, 252 candidates were from the main list and 107 from the supplementary lists. It was also stated that the last open competition candidate advised was rank No.213 and the last Ezhava candidate advised was rank No.226 in the main list. It was further stated that the last Muslim candidate advised was rank No.12 in the supplementary list for Muslims. According to the P.S.C., the turn of the writ petitioners did not arise for advice, Rank No.8, who belongs to Muslim community, was advised under the open competition turn and other Muslim candidates included in the main list were advised under the Muslim reservation turn.