ASWATHY R.S. KARTHIKA Vs. ARCHANA M.
LAWS(SC)-2020-7-30
SUPREME COURT OF INDIA
Decided on July 29,2020

Aswathy R.S. Karthika Appellant
VERSUS
Archana M. Respondents





Cited Judgements :-

N.RAVI VS. COMMISSIONER BBMP [LAWS(KAR)-2021-7-33] [REFERRED TO]


JUDGEMENT

HEMANT GUPTA,J. - (1.)The four appellants in these two appeals before us, were the original applicants before the Kerala Administrative Tribunal 1 who invoked its jurisdiction under Section 19 of the Administrative Tribunal Act, 1985. The Tribunal allowed the Original Application 2 filed by the appellants on 15th November, 2017 directing the Kerala Public Service Commission 3 to make the shortfall in reservations from the succeeding rank list. It is the said order and the order passed in review by the Tribunal on 15th October, 2018 which were challenged before the High Court by the private respondents herein. The High Court set aside the order of the Tribunal and dismissed the OA filed by the appellants.
1 for short, 'Tribunal'.

2 for short, 'OA'.

3 for short, 'Commission'.

(2.)The appellants belonged to the Hindu Nadar community, a category included in the Other Backward Classes 4 in the State of Kerala vide Circular dated 21.11.2009. This decision was later incorporated in the Kerala State and Subordinate Service Rules, 1958 5 vide Gazette Notification dated 3.8.2010 but with retrospective effect from 21.11.2009 and 1% reservation was provided to the Hindu Nadar Community. Thereafter, a Notification was published by the Commission on 15.12.2012, inviting applications for the post of Medical Officer (Homeo) in the Homeopathy Department of the Government of Kerala. Pursuant to such Notification, a rank list was published on 3.8.2015 wherein, the name of the appellants appeared at Sl. Nos. 3, 4, 5 and 6 in the list of Hindu Nadar community.
4 for short, 'OBC'.

5 for short, 'Rules'.

(3.)Before we advert to the respective contentions of the learned counsel for the parties, relevant extracts from the Rules need to be reproduced. The Rules are in two parts. Rule 15 and the Annexure attached to Part II of the Rules are relevant for the purpose of the present appeals. Rule 15, reads thus:
"15 (a) The integrated cycle combining the rotation in clause (c) of rule 14 and the sub-rotation in sub-rule (2) of rule 17 shall be as specified in the Annexure to this Part. Notwithstanding anything contained in any other provisions of these rules or in the Special Rules if a suitable candidate is not available for selection from any particular community or group of communities specified in the Annexure, such vacancy shall be kept unfilled, notified separately for that community or group of communities for that selection year and shall be filled by direct recruitment exclusively from among that community or group of communities. If after renotification, repeatedly for not less than two times, no suitable candidate is available for selection from the respective community or group of communities, the selection shall be made from available Other Backward Classes candidates. In the absence of Other Backward Classes candidates, the selection shall be made from available Scheduled Castes candidates and in their absence, the selection shall be made from available Scheduled Tribes candidates.

Explanation. - One 'selection year' for the purpose of this rule shall be the period from the date on which the rank list of candidates comes into force to the date on which it expires.

Note. - All pending uncompensated turns of vacancies such as temporarily passed over, no candidate available and non-joining duty as on the 2nd February, 2006, shall be compensated."

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