KERALA PUBLIC SERVICE COMMISSION Vs. SOUMYA.C.A

JUDGEMENT

(1.) The Kerala Public Service Commission (for brevity 'PSC') is aggrieved with the order of the Tribunal directing the 3rd applicant to be advised in the No Candidate Available (for brevity 'NCA') vacancy of 'OX' turn. The 3rd applicant is an Ezhava candidate belonging to the category of Other Backward Classes (for brevity 'OBC'). The Tribunal directed such advise to the eligible OBC candidate from Annexure A1 rank list on the ground that the NCA vacancy was re-notified four times by the PSC without any candidate being available for appointment. Rule 15(a) of Part II KS &SSR was noticed to find that it only stipulated re-notification of not less than two times when no suitable candidate is available for selection from a community or group of communities.

(2.) The learned Standing Counsel Sri.P.C.Sasidharan would point out that the term 'available' used in Rule 15(a) refers to the very list in which there was no candidate available to a particular community or group. If after renotification for more than two times, the PSC is unable to appoint a person to a turn specified under the KS&SSR for a particular community or group, then it has to be conceded to an OBC,SC or ST in that order of availability; only from that particular rank list and not from a subsequent rank list.

(3.) The post to which the applicants applied is Pharmacist Grade II (Homoeo). Annexure A2 is the rank list in the order of merit, for the District of Kannur. Admittedly NCA vacancies to which the 3rd applicant seeks advise is not one which arose in the rank list Ann:A2 published; wherein the 3rd applicant is also included on merit.