WP(C) Nos. 6341 of 2014 (P), 6273 of 2014 and 22649 of 2012. Case: K. Sahadevan and Ors. Vs The Kerala Public Service Commission and Ors.. High Court of Kerala (India)
| Case Number | WP(C) Nos. 6341 of 2014 (P), 6273 of 2014 and 22649 of 2012 |
| Counsel | For Appellant: U. Balagangadharan, Adv. and For Respondents: P.C. Sasidharan, SC |
| Judges | Dama Seshadri Naidu, J. |
| Issue | Service Law |
| Judgement Date | November 23, 2015 |
| Court | High Court of Kerala (India) |
Judgment:
Dama Seshadri Naidu, J.
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All the petitioners in these writ petitions have sought a writ of mandamus from this Court to the respondent Public Service Commission to consider them, being the candidates in the rank list, in 'No Candidates Available' (NCA) vacancies. Since the issue is identical in all these three writ petitions, involving the same set of respondents, this Court has proposed to dispose of the writ petitions through a common judgment. For ease of reference and convenience, I refer to the facts as pleaded and the parties as arrayed in W.P. (C) No. 6341 of 2014.
W.P.(C). No. 6341/2014
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Out of five petitioners that had approached this Court, the first and the second petitioners secured employment during the pendency of the writ petition; petitioners three to five alone are contesting.
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Initially, the first respondent Commission issued a notification to fill up the posts of Peon/Watchman/Lift Operator in the 4th respondent District Co-operative Bank. The recruitment was to be from two streams: 50% in the open category and 50% in the in-service category, i.e., candidates of the Primary Cooperative Societies. It is as per Rule 187 of the Kerala Cooperative Societies Rules.
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Having conducted the necessary tests on 21.02.2009, the Commission published on 01.03.2011 two rank lists: (i) Part I, covering candidates in open category; (ii) Part II, covering the in-service candidates. Since certain vacancies have remained unfilled on account of the fact that no candidates are available as per the communal roster, the petitioners have claimed those unfilled vacancies.
W.P.(C). No. 22649 of 2012
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The post to be filled up is Clerk-cum-Cashier. Out of four petitioners, three got employment pending the writ petition. The 4th respondent alone is now in the fray; he also seeks appointment in the NCA vacancy.
W.P.(C). No. 6273/2014
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Here, too, the post to be filled up is Clerk-cum-Cashier. Out of four petitioners, the first and the third petitioners got employment pending the writ petition. What compounds the issue, at least for the purpose of narration, is that the petitioners 1 & 2 applied in the open category, and the petitioners 3 & 4 applied in the in-service category. One person in each category got employment. Thus, now the fourth petitioner seeks appointment under NCA in the in-service category. The second petitioner, having applied under the open category, however, seeks appointment in the NCA vacancy of in-service candidates. The claim is said to be on the strength of a provision made in the recruitment notification.
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In the above factual background, Sri Balagangadharan, the learned counsel for the petitioners in W.P.(C). Nos. 6341/2014 and 22649/2012, has submitted that in Palakkad, where the 4th respondent Bank is situated, the question of having suitable candidates available under certain communal categories does not arise. According to him...
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