Summary
For selection of candidates for the post of junior engineers in the Public Works Department, the State Public Service Commission prescribed a written test in which persons qualified in Civil Engineering could answer questions in category I and those qualified in Mechanical Engineering could answer questions in category II, both of which were contained in the same question paper.
After the test and interview but before the common rank list was prepared some candidates impugned the method of selection alleging that the categories of Civil Engineering branch and Mechanical Engineering branch could not be rationally included in a common rank list.A single Judge of the High Court directed the Service Commission to prepare separate lists in respect of each of the two branches. A Division Bench of the High Court dismissed appeals of some of the aggrieved candidates Dismissing the petition for grant of special leave filed by one candidate this Court observed that it was open to the petitioner to choose the Civil or Mechanical Engineering from the "common list" prepared by the Service Commission. When the State came to this Court for clarification of the earlier order, this Court again said that if the candidate's turn came in The "common list" he was entitled to claim the post under the earlier orders of this Court.Seeking clarification and directions, the State Government prayed that the expression 'common list' prepared by the Public Service Commission be deleted from the earlier orders of this Court so as to enable the Commission to prepare separate lists in conformity with the High Court's directions.^HELD: The words "common list" mentioned in the two earlier orders of this Court were used through inadvertance.The High Court directed the Public Service Commission to prepare two separate rank lists: one for Civil Engineering Graduates and other for Mechanical Engineering Graduates on the basis of examination already conducted. The Public Service Commission 745accordingly prepared two rank lists. The name of the petitioner herein appeared A in the list of Mechanical Engineering Graduates and he would be appointed when his turn came. [749 C-E]See the full content of this document
Extract
S. Gopa Kumar VS. State Of Kerala & Kerala Public Service Commission
PETITIONER: S. GOPA KUMAR Vs.RESPONDENT: STATE OF KERALA & KERALA PUBLIC SERVICE COMMISSIONDATE OF JUDGMENT21/09/1981BENCH: ISLAM, BAHARUL (J)BENCH: ISLAM, BAHARUL (J)PATHAK, R.S.CITATION: 1981 AIR 2027 1982 SCR (1) 744 1981 SCC (4) 415 1981 SCALE (3)1581ACT: Practice and Procedure Inadvertant error in the order of Supreme Court- If could be corrected.JUDGMENT: CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) Nos. 2081-84 of 1980.From the judgment and order dated the 23rd November, 1979 of the High Court of ...
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