VIDYASAGAR Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner was included in the supplementary ranked list for the post of Electricity Worker (Mazdoor) (Non I.T.I. Category) prepared by the first respondent for Kollam District. The above list was brought into force with effect from 30.3.1995. All the candidates included in the main list were advised. According to the petitioner the third candidate from Viswakarma community in the supplementary list had already been advised and appointed. The petitioner, being the 5th candidate in the supplementary list, is entitled to be advised, from the community. According to the petitioner there are more than 100 vacancies still remaining to be filled up in Kollam District. Therefore, this Original Petition has been filed for a direction to the first respondent to advise the name of the petitioner for being appointed as Electricity Worker (Mazdoor) in the service of the second respondent.

(2.) A counter affidavit has been filed by the first respondent. According to the counter affidavit, the main list of the ranked list for Non I.T.I. category got exhausted on 27.3.1996. The candidate with rank No. 1 in the supplementary list for Viswakarma Community in the Non I.T.I. category was advised for appointment against a Viswakarma turn on 27.3.1996. No N.J.D. vacancy of Viswakarma is pending to be advised. Moreover, 106 fresh vacancies which included ITI category and Non I.T.I. category have been reported. Steps are being taken to notify the above vacancies for fresh selection.

(3.) Sri. K.C. John, learned Senior Counsel argued that the first respondent is bound to advise the candidates from the supplementary select list even after the main list was exhausted, against the fresh vacancies now reported to the first respondent by the second respondent. Learned Senior Counsel invited my notice to R.12 of the Kerala Public Service Commission Rules of Procedure: