PRADEP Vs. KSEB

JUDGEMENT

(1.) The petitioners in these two original petitions are candidates included in the select list prepared by the PSC for appointment of Electricity Worker/ Mazdoor in the service of the Kerala State Electricity Board in Kannur Dist. Ext. P1 in O. P. 6734/98 is the notification. According to the petitioners the select list had been prepared for ITI candidates and non ITI candidates. All the petitioners are ITI candidates. From the counter affidavit filed on behalf of the Electricity Board it is pointed out before me that the Commission had informed that the non ITI list had already exhausted. The other list is still in existence. The period of the list will be over only on 17-5-99. But no candidates are being advised from the available list on the ground that the non ITI list is already exhausted and as the rotation between two list is not possible. It is also submitted that 50% of the candidates had already been appointed from out of the ITI list. Therefore ITI list cannot be operated beyond 50% of the vacancies reported.

(2.) The petitioners contend especially with reference to para '1-A' in O. P. 6734/98 incorporated as per order in Civil Miscellaneous petition No. 25845/98 for amendment filed on 30-7-98 that as per the notification 50% vacancies are reserved exclusively for ITI candidates. That does not mean that for the remaining 50% the ITI candidates cannot be considered. When 50% of the vacancies reserved for a particular group, the remaining 50% shall be made use of for both the group, the petitioners contend. A counter affidavit has been filed by the PSC subsequent to this amendment, on 18-9-98, in O. P. 6734/98. In the other O. P. also they have filed a counter affidavit on the same date. This aspect is not dealt with in the counter affidavit of the PSC.

(3.) When the PSC issued a notification it is incumbent on that commission to conform to the conditions contained in the notification. It is stated that the qualifications necessary for the post arc ITI trade certificate or 7th standard (new) and knowledge in cycling. As a note it is made clear that 50% of the vacancies are reserved for candidates with ITI qualification. That is a reservation clause. Out of the appointments made atleast minimum of 50% shall be candidates with ITI qualification. That is an assurance of minimum percentage. That does not mean that ITI candidates cannot be appointed beyond 50% if they are otherwise eligible. This is not a rotation of 1:1 between ITI and non ITI. If a group is given a reservation, that group is also entitled for being considered on merit as well. Therefore the PSC cannot insist that candidates having ITI qualification can be advised only against 50% of the vacancies. If there are vacancies even after exhaustion of the non ITI list, until the list expires, the PSC is bound to advise candidates irrespective whether the list is of ITI or non ITI candidates. As per Ext. P1 notification what they have to do is only to ensure reservation of 80% of the vacancies candidates and not to exclude the ITI candidates from the remaining 50%. Therefore O. P is disposed of as follows: