KERALA PUBLIC SERVICE COMMISSION Vs. SREEJITH P. KUMAR

JUDGEMENT

(1.) Three vacancies were notified vide Annexure A1 for recruitment to the post of Supporting Artist in Vocal for Kathakali in the Kerala Collegiate Education (Music Colleges) Department. The applicant in O.A. No. 2387/2017 on the file of the Kerala Administrative Tribunal was a candidate included in Annexure A2 ranked list coming under the open competition turn, published by the Kerala Public Service Commission (for short "the KPSC"), which came into effect from 08.05.2017. The first two posts in open competition, were allotted to the candidates ranked as Nos. 1 and 2 respectively. The third post, being one reserved for Ezhava/Thiyya community, could not accommodate anyone, for want of suitable candidate.

(2.) The applicant would contend that the candidate ranked as No. 2, being an Ezhava, should have been accommodated in the third vacancy and he being an open competition candidate should have been accommodated in the second place.

(3.) The KPSC did not agree with this and refused to intervene with the rotation as stipulated in Rules 14 to 17 and Annexure II to Part II of KS&SSR on the ground that Sl. Nos. 1 and 2, which were open competition turns were to be accommodated by candidates who had secured rank Nos. 1 and 2. Though the second ranked person belonged to Thiyya community, he had secured more marks than the applicant and was therefore, accommodated at rank No. 2 for the open competition. The fact that he belongs to Thiyya community is not a disqualification to be accommodated him in the vacancy for open competition. The third vacancy as per the roster available to candidates in Thiyya/Ezhava community could not be filled because of non-availability of other Thiyya/Ezhava candidates in the ranked list. The revising and recasting of advices with the intention to accommodate the applicant in rank No. 2 is not possible as per the Rules.