IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 37316 of 2007(P) --------------------------------------- PETITIONER(S): ---------------------- U.S.SATHEESAN ,UPPER DIVISION CLERK, MALAPPURAM MUNICIPALITY, MALAPPURAM. BY ADV. MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN MR.T.R.SADEESAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVT.DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF URBAN AFFAIRS TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM, TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR. R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37316/2007-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RANK LIST PUBLISHED BY 3RD RESPONDENT FOR THE POST OF MUNICIPAL SECRETRY GRADE III IN THE MUNICIPALITIES DEPARTMENT. EXT.P2: COPY OF THE REVIEW PETITION NO.445/2000 BY THE RESPONDENTS BEFORE THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 37316 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T The petitioner is a person who aspires for appointment to the post of Municipal Commissioner Grade III, which has now been re- designated as Municipal Secretary Grade III. The method of recruitment to the post as per the Special Rules is as follows: Category Method of Appointment Municipal Commissioners III Grade Direct Recruitment 1 From open market 2 From among persons in Municipal Common Service who are holding any post the scale of pay admissible to which is not less than that of an Upper Division Clerk and who have put in not less than 3 years on duty in Municipal Common Service in any such post or posts. 3 From among persons in the Department of Municipalities who are holding any post in the Department carrying a scale of pay not less than that admissible to an Upper Division Clerk and who have put in not less than 3 years on duty in the Department in any such post or posts. Note (1) Out of every eight appointments to category 3, four shall be made by the first method, three by the 2nd method and the remaining one by the third method. (2) The appointments specified in Note (1) shall be made in the following order of rotation:- 1. Direct Recruitment from open market. W.P.C. No. 37316/07 -: 2 :- 2 Direct Recruitment from Municipal Common Service. 3. Direct Recruitment from the Department of Municipalities. 4. Direct Recruitment from Open Market. 5. Direct Recruitment from Municipal Common Service. 6. Direct Recruitment from Open Market. 7. Direct Recruitment from Municipal Common Service. 8. Direct Recruitment from Open Market.” Applications were invited by the Public Service Commission for recruitment to the post from all the three categories. The petitioner is an employee born on the Municipal Common Service and therefore entitled to aspire for appointment in the vacancy set apart for persons in the Municipal Common Service. The ratio among the three categories is 4:3:1. 15 vacancies were reported to the Public Service Commission. Subsequently, respondents 1 and 2 wanted to make special recruitment to three of the vacancies. A request was made to the Public Service Commission to that effect. Consequently, the Public Service Commission reduced three vacancies slated for direct recruitment to SC/ST from the total 15 vacancies and the 12 vacancies were apportioned between three categories as 6:4:2. the petitioner obtained rank no. 16 in Ext. P1 rank list prepared for recruitment from the second category. The petitioner's contention in this writ petition is that the three vacancies slated for direct recruitment of SC/ST should be reduced from the first category insofar as reservation is available only to the 1st category and reservation has been excluded in the case of 2nd and 3rd categories on the reasoning that they had originally enjoyed the benefit of reservation at the time of original recruitment. The petitioner would submit that if the reservation is applicable only to the 1st category W.P.C. No. 37316/07 -: 3 :- then the vacancy for reservation should be reduced from the quota prescribed for direct recruitment and not the quota prescribed for other two categories for whom reservation rules are not applicable. 2. The 1st respondent has filed a counter affidavit taking the contention that the three vacancies earmarked for SC/STs are as per the cadre strength and therefore the same should be reduced from the total number of vacancies reported and the balance only can be apportioned between the three categories. 3. I have considered the rival contentions in detail. 4. I do not find any justice in the reasoning given by the 1st respondent. Admittedly, there were 15 vacancies, out of which three were reported for special recruitment. The balance 12 were to be filled up from the rank list prepared. When, admittedly, 15 vacancies were there out of which 3 vacancies were reported for direct recruitment of SC/ST, then that should have been reduced from the vacancies as available for the first category insofar as reservation is applicable only for the first category. When, admittedly, reservation is not applicable to second and third categories, there is absolutely no justice in reducing their quota in the name of making special recruitment. Therefore, I am of opinion that instead of reducing the three from the quota prescribed for categories 2 and 3, the same should have been reduced from the category prescribed for category no. 1. The consequence is that the petitioner should be considered for appointment from the rank list to the two additional vacancies in the second category. 5. At the time of admission, this Court had directed the 2nd respondent to report two vacancies for the post of Municipal Secretary Grade III covered by Ext. P1 rank list. The said two vacancies shall be filled up from Ext. P1 rank list applicable to W.P.C. No. 37316/07 -: 4 :- category 2 and if as per the rank of the petitioner, he is entitled to be advised to one of those vacancies, he shall be advised to one of those posts. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/