Sabeer K.S. v. Kerala Public Service Commission and Kerala Agro Machinery Corporation Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.17577 OF 2019(V)** ## **PETITIONER:** **SABEER K.S. AGED 32 YEARS S/O.K.M.SHAMSU, KADAVANAPARAMBIL, PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM DISTRICT, PIN-683585.** **BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SHRI.P.U.VINOD KUMAR SMT.STIYA SIVAN SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH SMT.KADIJA JASMINE N.S.ANJALY** ## **RESPONDENTS:** **1 KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695004, REPRESENTED BY ITS SECRETARY. 2 KERALA AGRO MACHINERY CORPORATION LTD., A GOVERNMENT OF KERALA UNDERTAKING, REGD. OFFICE, ATHANI-683585, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR.** **R1 BY SRI.P.C.SASIDHARAN, SC, KPSC R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.JOSON MANAVALAN R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.17577 OF 2019(V)** **2** **C.R.** ## **JUDGMENT** ## **Dated this the 26th day of February 2021** The petitioner says that he was included in the rank list prepared by the Kerala Public Service Commission (PSC) for appointment to the post of Mechanic in the Kerala Agro Machinery Corporation Ltd. (KAMCO). 2. The petitioner concedes that he was included in the Supplementary List; and asserts that though 15 Non Joining Duty (NJD) vacancies were reported by the Managing Director of the KAMCO, the PSC advised only three persons against the same. The petitioner argues that this was illegal, since he is a Muslim candidate included in the Supplementary List, being eligible for appointment based on the Reservation and Rotation principles, and therefore, that the PSC ought to have advised him to one of the aforesaid vacancies. 3. The petitioner alleges that, instead of doing so, the PSC has illegally taken a stand that the Main Rank List has now expired and therefore, that no further vacancies can be filled up. The petitioner thus prays that respondents be directed to advise him to any of the 15 NJD vacancies; and alternatively, that he be advised in **WP(C).No.17577 OF 2019(V)** **3** the vacancy eligible to the person in the list as rank No.11, since he has now relinquished his claim for appointment. 4. I have heard Smt. Vaheeda Babu, learned Counsel for the petitioner and Sri. P.C.Sasidharan, learned Standing Counsel for the Public Service Commission. 5. In response to the afore submissions made on behalf of the petitioner, Sri. P.C. Sasidharan submitted that a counter affidavit has been filed by his client, wherein, it has been averred that a total of 233 candidates were issued advices for appointment against the vacancies reported for the post in question; and that a candidate by name Sri. Abdul Karim, who was included as rank No.10 in the Supplementary List-Muslim category, had relinquished his claim, leading to his name being deleted from the said list. Sri. P.C. Sasidharan then submitted that only one person in the Main List, namely Rank No.200, remained to be advised; and that, while so, the Managing Director of KAMCO reported 15 Non Joining Duty (NJD) vacancies, which were in the following turns: _1. MR I 92 ST advised on 05.01.19 2. MR I 96 M advised on 05.01.19 3. MR I 97 OC advised on 05.01.19_ **WP(C).No.17577 OF 2019(V)** **4** _4. MR I 99 OC advised on 05.01.19 5. MR II 7 OC advised on 05.01.19_ _6. MR II 23 OC advised on 05.01.19 7. MR II 25 OC advised on 05.01.19 8. MR II 26 M advised on 05.01.19 9. MR II 30 M advised on 05.01.19_ _10. MR II 31 OC advised on 05.01.19 11. MR II 32 SC advised on 05.01.19 12. MR II 34 E advised on 05.01.19 13. MR II 35 OC advised on 05.01.19 14. MR II 36 M advised on 05.01.19_ _15. MR II 37 OC advised on 05.01.19_ 6. After saying so, Sri. P.C.Sasidharan explained that two candidates from the Supplementary List were advised to the first of the afore two vacancies and that the 3[rd] one - which is an open competition turn - was filled up by the aforementioned person, who was holding the 200[th] rank in the Main List. He submitted that since he was the last person in the Main List, the Rank List expired on his advice being issued, thus incapacitating the PSC from making any further advices. Sri. P.C Sasidharan, therefore, reiteratingly asserted that the Rank List expired on 26.3.2019, when rank No.200 in the Main List was advised as afore stated and therefore, that the **WP(C).No.17577 OF 2019(V)** **5** petitioner cannot seek any further relief in this writ petition, particularly, because there are at least 4 senior Open Competition turns ahead of him, before he could have been appointed in the eligible NJD vacancy. 7. In reply, Smt. Vaheeda Babu submitted that, as is evident from the Rank List, the person ranked as 201 is still remaining without being advised and thus predicated that the contention of the PSC, that the said list has expired on 26.03.2019, is factually untrue. 8. Noticing the afore submission of Smt. Vaheeda Babu, I asked Sri. P.C.Sasidharan for a clarification on this and he explained that the person shown as rank No.201 is Sri. Muhammad Rafeeque, a Muslim candidate, who had already been advised to the vacancy which arose on 04.07.2018 as per the applicable rotation and that this advice was made on 17.7.2018. Sri. P.C. Sasidharan thus argued that the submission of the petitioner, that the last man in the rank list is still available, is not accurate. 9. When I assess the afore rival submissions, it is rendered without doubt that if the last man in the Main List had been advised, then the Rank List would automatically expire, going by the various judgments of the Honorable Supreme Court holding the field. (See **WP(C).No.17577 OF 2019(V)** **6** _**Nair Service Society v. District Officer, Kerala Public Service Commission**_ [2003 (3) KLT 1126 (SC)]. That being so, obviously, the persons included in the Supplementary List would obtain no further right to be advised to any vacancy thereafter; and as rightly stated by Sri. P.C.Sasidharan, the entire process would cease from that date. 10. In the case at hand, the last person remaining in the Main List was rank No.200, who had not been advised until the 15 NJD vacancies had been reported by the Managing Director of KAMCO, on 13.03.2019. Even though the Main List had 201 persons included therein, the person holding the 201[st] rank – who was a Muslim candidate - had been advised on an earlier date, thus leaving the 200[th] person as the last remaining in the Main List. 11. That said, the first two turns among the NJD vacancies went to a Scheduled Tribe candidate and a Muslim candidate while the third one was respectively; earmarked for Open Competition, to which, the person holding the 200[th] rank had been advised. Concededly, the petitioner is entitled only to the 8[th] turn among the NJD vacancies, being a Muslim candidate; and therefore, he cannot now aspire to be appointed, particularly when there are, **WP(C).No.17577 OF 2019(V)** **7** admittedly, four superior turns awaiting advice in the Open Competition category - which cannot be filled up since there is no one left in the main list, the last person included therein already having been advised. 12. In the afore circumstances, I cannot find favour with the submissions of Smt. Vaheeda Babu that the PSC ought to have verified the rotation and reservation with respect to the entire Rank List and ought to have filled up all the 15 NJD vacancies, so as to satisfy the same. This is because, once the last person in the Main List had been advised, the Rank list cannot remain alive any further; and perspicuously, therefore, no one from the Supplementary List could be entitled to be advised, thereafter. In the afore circumstances, I have no other option but to dismiss this writ petition, finding that contentions of the petitioner are without merit. It is so ordered. ## **Sd/-** ## **DEVAN RAMACHANDRAN** SAS/26/02/2021 ## **JUDGE** **WP(C).No.17577 OF 2019(V)** **8** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 01.02.2013 ISSUED BY THE 2ND RESPONDENT EVIDENCING THAT THE PETITIONER WAS IN THE TEMPORARY EMPLOYMENT OF THE 2ND RESPONDENT COMPANY.** **EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTION OF THE RANKED LIST NO.150/16/ER VIII OF THE CANDIDATES FOR THE POST OF MECHANIC(STATEWIDE), IN THE 2ND RESPONDENT COMPANY, PUBLISHED BY THE 1ST RESPONDENT AND BROUGHT INTO FORCE FROM 14.03.2016.** **EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT CHART OF THE CANDIDATES WHO WERE GIVEN ADVICE DATED 26.03.2019 FOR THE POST OF MECHANIC, BASED ON EXHIBIT P2 RANKED LIST.** |**RRESPONDENTS' EXHIBITS:-**|**NIL**|| |---|---|---| |||//TRUE COPY//| |||P.A. TO JUDGE|