ARCHANA Vs. ASWATHY

JUDGEMENT

(1.) The Kerala State and Subordinate Services Rules, 1958 ('K.S. and S.S.R.' for short) inter alia provides for compensation of turn of vacancy for a particular community if a suitable candidate is not available for selection. R. 15(a) of K.S. and S.S.R. germane for the case is as follows:

(2.) The 38th turn would go to 'Nadars included in SIUC' and the 60th turn to 'Hindu Nadars' as per the amendment made to K.S. and S.S.R. with effect from 21.11.2009 while providing reservation in public appointments. The same was however not adhered to while operating the ranked list dated 27.7.2009 for selection to the post of Medical Officer in the Homoeopathy Department. The ranked list expired on 3.10.2013 and the succeeding ranked list published on 3.8.2015 by the Kerala Public Service Commission ('PSC' for short) has also expired. The Kerala Administrative Tribunal ('KAT' for short) has by the original order dated 15.11.2017 directed the P.S.C. to make up the shortfall in reservation in advices from the succeeding ranked list. The application for review put in by the petitioners who figure in the succeeding list was rejected by order dated 15.10.2018 of the KAT and both the orders are under challenge. The PSC has in the meanwhile advised three candidates from Hindu Nadar Community 'on out of turn basis' from the succeeding ranked list in compliance with the impugned orders.

(3.) We heard Mr. R.T. Pradeep, Advocate for the petitioners, Mr. Vishnu S. Chempazhanthiyil, Advocate for respondents 1 to 3, Mr. P.C. Sasidharan, Standing Counsel for the PSC, Mr. V. Suresh, Advocate for additional respondent No. 8 as well as Mr. Antony Mukkath, Government Pleader.