SELVY VALENTRINA Vs. STATE OF KERALA

JUDGEMENT

(1.) Social reservation and special reservation are two different concepts in the matter of public employment. Both concepts are permitted under the Constitution of India. Art.16 deals with such reservations. The Article reads as follows:

(2.) The writ appeal is filed against the overlooking of priority for appointment to the post of Livestock Inspector Grade - II under the quota reserved for Ex - servicemen or dependents of Ex - servicemen. The question is whether communal rotation should be followed for advising and offering appointment against 10% vacancies out of the 85% vacancies reserved for direct recruitment, set apart for Ex - servicemen under the Animal Husbandry Subordinate Service Rules. As per Note 1 of category VI(2) of R.3 of the Rules as it originally stood the order of priority of defence service personnel and their dependents was as follows:

(3.) It is not in dispute that in the matter of appointment of Live Stock Inspector Grade - II towards the Defence Service Personnel quota from the ranked list that came into force on 31/12/2002 Public Service Commission has followed communal rotation. The legal retainer of the Commission submits that out of the 153 vacancies reported 15 vacancies were allotted to the Defence Service Personnel quota. But according to statement filed on behalf of second respondent a total number of 154 vacancies were reported. According to them 15 appointments were made from the said list against the said 15 vacancies allotted to the defence service personnel quota under the 10% quota. Later, 3 NJD vacancies were occurred in the said category and they were also reported during the life period of the said ranked list. Pursuant to the same candidates were advised and appointed from the list. Altogether 18 appointments were made as against the defence service personnel quota, of course, against the 15 reported vacancies. Admittedly the rules of communal rotation was strictly followed by the Public Service Commission in the process. That precisely is the grievance of the appellant. According to him being a special reservation in favour of defence service personnel the rules of communal rotation should not have been followed by Public Service Commission. It is submitted that the said wrong procedure had adversely affected him inasmuch as adherence to correct procedure would have definitely secured him appointment against one of the vacancies.