K P PRASEENA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) An interesting question has come up for consideration in this appeal regarding the operation of Rule 15(a) of Part II KS & SSR. After the amendment introduced in the year 2006, in case a candidate belonging to a particular community or group of communities is not available, such vacancy has to be kept unfilled and notified separately for selection by direct recruitment exclusively from that community. The question is whether by the time such selection is conducted exclusively for the community, in case candidates belonging to that particular community are available in the ranked list for a subsequent selection year, whether there need be a selection exclusively for that community.

(2.) The appellants are the petitioners in the writ petition. The appellants were included in the supplementary list for selection to the post of HSST-Senior and HSST-Junior, in Sociology. Ext.P3 is the list published on 6-11-2004 for HSST- Senior and Ext.P4 is the list published on 15-10-2004 for HSST- Junior. Turns 32, 52 and 64 were to be filled up by SC/ST candidates and since they were not available, those turns were passed over for Ezhava, Ezhava and Muslim. By the time the turn 72 arose for that selection year, the Rule was amended. The amended Rule 15(a) to the extent relevant, reads as follows:

(3.) The main contention of Sri. Kaleeswaram Raj, learned Counsel appearing for the appellants, is that since Scheduled Caste candidates are available for selection and appointment in Exts.P1 and P2 lists, a separate selection exclusively for Scheduled Caste candidates in respect of the selection year which commenced from Ext.P3 ranked list of 2004 is unnecessary. In other words, the availability of candidate has to be understood and applied for selection in respect of subsequent years also.