SURESH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Petitioners are included in Ext. P1 list That is a list prepared by the PSC for appointment to the post of Medical Officer in the Department of Homeopathy on special recruitment from among the Schedule Caste. Petitioners have approached this Court seeking a direction to immediately report the existing nine vacancies of Medical Officers for appointment from the said list.

(2.) It is an admitted fact by the petitioners before me that in the notification issued by the PSC inviting applications which led to preparation of Ext. P1 list only one vacancy had been notified for special recruitment from Scheduled Caste and Scheduled Tribe candidates. It is stated that there are several backlog vacancies of Scheduled Castes available when Ext. P1 list was in existence and therefore, if such vacancies had been reported, the petitioners would have been advised for appointment from out of Ext. P1 list. The petitioners seek to substantiate this contention based on the fact that when a list for general recruitment was brought in subsequent to Ext. P1 and when about 44 candidates had been advised, about 14 persons who belonged to Scheduled Caste and included in the general list had been advised. They also contended that there were backlog vacancies available for SC candidates even during the currency of Ext. P1 list. In such case, such vacancies would have been accounted for the candidates included in Ext. P1. There is an interim order already, directing reporting of three vacancies during the currency of Ext. P1 list Such vacancies shall be reserved for appointment of the petitioners. All petitioners except 3 and 5 got appointment. So, the case of the petitioners 3 and 5 are only alive at present.

(3.) I am unable to accept the contention of the petitioners. Special recruitment is based on an enabling provision contained in R.17A of the K.S. & S.S.R. which reads as follows: