W. P. (C) No. 23243/2023

W. P. (C) No. 23243/2023 ..1.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **THURSDAY, THE 7[TH] DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 23243 OF 2023** ## **PETITIONERS:** - **1 ABHIJITH P., AGED 28 YEARS, S/O.SYAMALA P. AISWARAYA HOUSE RAMNAGAR COLONEY KINASSERY P.O., PALAKKAD, PIN – 678701.** - **2 NITHEESH P.C., AGED 31 YEARS, S/O.P.CHAMIYAR, PALLIKKAD HOUSE, PARUVASSERRY P.O., PALAKKAD, PIN – 678686.** - **3 ANIL A., AGED 27 YEARS, S/O.ARAVINDAN, CHERUNGATTU HOUSE RAMASSERY P.O, ELAPPULLY PALAKKAD, PIN – 671316.** **BY ADVS.M/S.A.ARUNA & JISHA SHAJI** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.** - **2 SECRETARY TO GOVERNMENT, SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695001.** - **3 SECRETARY TO GOVERNMENT, THE PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.** W. P. (C) No. 23243/2023 ..2.. - **4 THE DIRECTOR, INSTITUTE OF INTEGRATED MEDICAL SCIENCES, (GOVERNMENT MEDICAL COLLEGE, PALAKKAD), EAST YAKKARA KUNNATHURMEDU, PO, PALAKKAD, PIN – 678013.** - **5 INSTITUTE OF INTEGRATED MEDICAL SCIENCES (GOVERNMENT MEDICAL COLLEGE, PALAKKAD), REPRESENTED BY ITS DIRECTOR, EAST YAKKARA, KUNNATHURMEDU P.O, PALAKKAD, KERALA, PIN – 678013.** - **6 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN – 695004.** - **7 DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KPSC DISTRICT OFFICE, OPP. GOVT. GUEST HOUSE, NEAR DISTRICT PANCHAYAT OFFICE, CIVIL STATION P.O, PALAKKAD, PIN – 678001.** **SRI.PREMCHAND R.NAIR, SR.G.P., SMT.LATHA THANKAPPAN, SPL.G.P.** **SRI.SUMAN CHAKRAVARTHY, SC** ## **SRI.P.C.SASIDHARAN, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD** **ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 23243/2023 ..3.. MOHAMMED NIAS C. P. , J. ============================ W. P. (C) No. 23243 of 2023 ============================ Dated this the 7[th] day of March, 2024 ## J U D G M E N T This Writ Petition is filed by the candidates included in Ext.P-2 ranked list for selection to the post of Lower Division Clerk in various departments in Palakkad District under direct recruitment. The Writ Petition essentially challenges the refusal on the part of the respondents to fill up the vacancies of Clerks in the 5th respondent-Medical College coming under the Scheduled Castes/Schedule Tribes Development Department. By Ext.P-4 dated 20.1.2021, the Government declared that the 5th respondent institution will be a society for the purposes of the Kerala Public Service Commission (Additional Functions as Respects certain Societies) Act (5 of 1996). In view of Ext.P-4, all the appointments to the 5th respondent ought to have been brought within the purview of the Kerala Public Service Commission. The Draft Special Rules for appointment to the Non-Teaching Staff of the 5[th] respondent W. P. (C) No. 23243/2023 ..4.. College have already been prepared, as seen from Ext.P-10. The said rules have not been finalised or approved till date and therefore, the appointment through the Public Service Commission is getting delayed. It is on these grounds that the petitioners seek a declaration that the respondents are liable to fill up the vacancies of Clerks in the 5[th] respondent institution from Ext.P-2 ranked list and also, for a direction to finalise and publish the Special Rules concerning the non-teaching Staff of the 5[th] respondent institution, without further delay. 2. The Government has filed a counter in which they say that the Special Rules for the Non-Teaching Staff is not finalised and the process is yet to be completed. The special rules have not come into force for the recruitment of non-teaching staff and the special rules have not come into force for the recruitment of the post of non-teaching staff of the 5[th] respondent institution. It is also stated that before finalising the Special Rules, various factors like qualification, age limit, experience, etc., have to be ascertained and the said process is ongoing. Accordingly, it is stated that the Writ Petition is premature. 3. On behalf of the 5[th] respondent-College an affidavit is filed W. P. (C) No. 23243/2023 **==> picture [18 x 9] intentionally omitted <==** which speaks of the steps having taken for the finalisation of the Special Rules with respect to the Non-Teaching Staff. 4. The learned counsel for the petitioner relies on Government Circular dated 7.11.2001, which was based on the judgment of this Court in O.P.No.4261/2001, which says that no appointment, even on contract basis or as Guest Lecturers, shall be made except from the ranked list published by the Public Service Commission. The learned counsel also relies on the judgment of this Court in _**Biju C.V. v. Jashna K.J. and Others [2021 (2) KHC 550]**_ for the proposition that, even while effecting appointments to temporary posts, either through contractual appointment or on a daily wage basis, preference shall be given to those included in the current list prepared by the PSC for appointment to the regular posts. 5. Since by Ext.P-4, the Government has already brought the 5th respondent within the purview of the Public Service Commission and that, the Division Bench of this Court in W.A.No.764/2022, by its judgment dated 25.8.2022, held that the Medical Officers of the Government Medical College, Palakkad, are Government Servants and that, for all purposes, the said institution is State and there is no reason W. P. (C) No. 23243/2023 ..6.. why till the finalisation of the Special Rules, as stated above, the appointment, even on contract or temporary basis, should not be made from Ext.P-2 ranked list, by giving preference to those included in the said list. Since the regular selection is being delayed for want of finalisation of the Special Rules, there will be a direction to the respondents to finalise the same within 6 months from today. The learned counsel for the respondents submitted that 7 vacancies have already been reported to the Government for making appointments. 6. Till the finalisation of the Special Rules, as directed above, the appointments, if any, to the post of Lower Division Clerks in various departments in Palakkad District under direct recruitment is to be filled, the same shall be made only from Ext.P-2 ranked list, even if the appointment is to be on temporary or contract basis. The Writ Petition is disposed of as above. Sd/- MOHAMMED NIAS C. P., JUDGE MMG W. P. (C) No. 23243/2023 ..7.. ## **APPENDIX OF WP(C).NO.23243/2023** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION WITH RESPECT TO SELECTION TO THE POST OF LOWER DIVISION CLERK (RE-DESIGNATED AS CLERK) IN VARIOUS DEPARTMENTS WITH RESPECT TO CAT.NO. 207/2019 DATED 15.11.2019 EXHIBIT P2 TRUE COPY OF THE RANKED LIST NO. 467/DOP/2022 WITH RESPECT TO CAT.NO. 207/2019 RANKED LIST FOR THE POST OF LOWER DIVISION CLERK (RE-DESIGNATED AS CLERK) PALAKKAD DISTRICT DATED 01.08.2022 ISSUED BY THE 7TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPLY NO. F1/16/2023/SCSTDD DATED 20.01.2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3(A) TRUE COPY OF THE REPLY NO. E7/RTI1513/2023/GMC/PKD DATED 11.04.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, GOVT. MEDICAL COLLEGE, PALAKKAD TO MR. AJITH PRABHAKAR EXHIBIT P3(B) TRUE COPY OF THE SAMPLE QUESTIONS (UNDATED) EXHIBIT P4 TRUE COPY OF THE G.O(MS) NO. 9/2021/SCSTDD DATED 20.01.2021 EXHIBIT P5 TRUE COPY OF THE G.O(MS) NO. 60/2014/SCSTDD DATED 25.08.2014** W. P. (C) No. 23243/2023 ..8.. **EXHIBIT P6** **TRUE COPY OF THE G.O(RT) NO. 225/2022/SCSTDD DATED 05.03.2022** **EXHIBIT P7** **TRUE COPY OF THE G.O(RT) NO. 164/2022/SCSTDD DATED 19.02.2022** **EXHIBIT P8** **TRUE COPY OF THE G.O(RT) NO. 281/2022/SCSTDD DATED 17.03.2022** **EXHIBIT P9** **TRUE COPY OF THE COMMUNICATION NO. 3619/E6/2019/GMC/PKD DATED 03.06.2021 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P10** - **TRUE COPY OF THE RELEVANT PAGES OF THE RULES REGARDING TERMS OF SERVICES OF NON-TEACHING AND TECHNICAL EMPLOYEES OF GOVERNMENT MEDICAL COLLEGE, PALAKKAD** - **EXHIBIT P11 TRUE COPY OF THE PAGE NO. 300-301 OF FILE NO. SCSTDD-F1/278/2019-SCSTDD (COMPUTER NO. 1308808) GENERATED FROM E-OFFICE BY LEKHA D.N, ASST. (F1) SCSTDD (CONSOLIDATED NOTED DATED 22.07.2021, 11.44AM) ON 17.10.2021 AT 5.19PM** - **EXHIBIT P11(A) TRUE COPY OF THE LIST OF NON-TEACHING STAFFS IN GOVERNMENT MEDICAL COLLEGE, PALAKKAD PUBLISHED IN THE OFFICIAL WEBSITE OF GOVT. MEDICAL COLLEGE, PALAKKAD** **EXHIBIT P12 TRUE COPY OF THE CIRCULAR NO. (ADVICEC)1/112/19/P&ARD DATED 20.08.2019** ## W. P. (C) No. 23243/2023 ..9.. ## **EXHIBIT P13** **TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE COMPTROLLER AND AUDITOR GENERAL OF INDIA ON GENERAL AND SOCIAL SECTOR, FOR THE YEAR ENDED MARCH 2016, GOVERNMENT OF KERALA, REPORT NO. 5 OF 2017** **EXHIBIT P14** **TRUE COPY OF THE RELEVANT PAGES OF FINAL ORDER DATED 19.01.2023 IN OA(EKM) 1291/2018 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL** **RESPONDENTS' ANNEXURES:** **ANNEXURE R4(A) A TRUE COPY OF THE GO (MS) NO. 105/2016/SCSTDD DATED 03.12.2016** **ANNEXURE R4(B) A TRUE COPY OF THE GO(MS).NO.16/2020/SCSTDD DATED 25.05.2020 EXHIBIT R2(D) TRUE COPY OF THE LETTER NO.F1/278/2019/SCSTDD DATED 22/06/2023 EXHIBIT R2(A) TRUE COPY OF GO (MS)NO.105/2016/SCSTDD DATED.03.12.2016 EXHIBIT R2(C) TRUE COPY OF THE GO (RT) NO.695/2023/SCSTDD DATED 01/06/2023 EXHIBIT R2(B) TRUE COPY OF GO (RT)NO.465/2022/SCSTDD DATED.28/04/2022 EXHIBIT R4(C) A TRUE COPY OF THE LETTER NO.619/E6/2019/GMPKD DATED 31.01.2024**