IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 34847 of 2009(A) -------------------------------------- PETITIONERS: --------------------- 1. KERALA ASSISTANT MOTOR VEHICLES INSPECTORS ASSOCIATION, REG.NO.79/1969,JAGATHI, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT R.SARATCHANDRAN, S/O. SRI.RAMACHANDRAN, ASSISTANT MOTOR VEHICLES INSPECTOR, ALAPPUZHA,RESIDING AT KAKKUDIYIL HOUSE,VEMBALAKKARA,VELLETHINKAL.P.O.,KOLLAM. 2. SURESH.K.R., ASSISTANT MOTOR VEHICLES INSPECTOR, OFFICE OF THE JOINT RTO, N.PARAVUR, N.PARAVUR.P.O., ERNAKULAM DISTRICT. 3. RAJAN.N.R., ASSISTANT MOTOR VEHICLES INSPECTOR, OFFICE OF THE RTO, ALUVA, ALUVA P.O., ERNAKULAM DISTRICT. 4. SAJU.A. BECKER, ASSISTANT MOTOR VEHICLES INSPECTOR, OFFICE OF THE JOINT RTO, IRINJALAKUDA, IRINJALAKUDA.P.O. THRISSUR DISTRICT. BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, ADV.SRI.BABU JOSEPH KURUVATHAZHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR VEHICLES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURM-695 001. 2. ADDITIONAL TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. W.P.(C). NO.34847/2009-A: *ADDL. R3. IMPLEADED: 3. HONEY SAM, S/O. M.S. SAMUEL, AGED ABOUT 31 YEARS, MUNDEPLACKEL HOUSE, MELUKAVU.P.O., KOTTAYAM – 686 652. *ADDL. R3. IS IMPLEADED AS PER ORDER IN I.A. 16251/09, DATED 22/12/09. **ADDL.R4 IMPLEADED: 4. PRADEEP KUMAR.T.P., KODUMUTTATH, PAVUKKARA.P.O., MANNAR, ALAPPUZHA – 689 622. **ADDL. R4 IS IMPLEADED AS PER ORDER IN I.A. 16025/09, DATED 06/01/2010. R1 & R2 BY GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU, ADDL.R3 BY ADVS. DR.SEBASTIAN CHAMPAPPILLY, SMT.ANNIE GEORGE, ADDL.R4 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34847/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 16/10/2008 ISSUED TO MR. P.C. SATHEESAN UNDER THE RIGHT TO INFORMATION ACT. EXT.P.2: COPY OF THE SENIORITY LIST OF MOTOR VEHICLES INSPECTORS, INDICATING THEIR COMMUNITY/CASTE. EXT.P.3: COPY OF THE NOTIFICATION DTD. 31/10/2006 PUBLISHED IN THE KERALA GAZETTE EXTRAORDINARY. EXT.P.4: COPY OF THE REPRESENTATION DTD. 30/11/2006 SUBMITTED BY THE PETITIONERS 2 TO 4 BEFORE THE R.1. THROUGH THE R.2. EXT.P.5: COPY OF THE RANK LIST FOR THE POST OF MOTOR VEHICLES INSPECTORS, WHICH WAS COME INTO FORCE WITH EFFECT FROM 15/10/2009. EXT.P.6: COPY OF THE SELECT LIST OF ELIGIBLE ASSISTANT MOTOR VEHICLES INSPECTORS APPROVED ON 28/03/2009, FOR PROMOTION TO THE POST OF MOTOR VEHICLES INSPECTORS FOR THE YEAR 2009. EXT.P.7: COPY OF THE PROCEEDING DTD. 04/06/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE ADVICE MEMO DTD. 17/11/2009 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.R3.B: COPY OF THE PROCEEDINGS OF THE TRANSPORT COMMISSIONER, KERALA, THIRUVANANTHAPURAM VIDE ORDER NO. A4/1508/TC/2005, DTD. 02/12/2009. EXT.R3.C: COPY OF THE G.O.(MS).NO.44/05/GAD DTD. 05/02/2005. EXT.R3.D: COPY OF THE G.O.(MS).NO.467/05/GAD DTD. 27/12/2005. EXT.R4.A: COPY OF THE G.O.(MS).NO.44/05/GAD DTD. 05/02/2005. EXT.R4.B: COPY OF THE G.O.(MS).NO.467/05/GAD DTD. 27/12/2005. EXT.R4.C: COPY OF THE LETTER NO. A4/497/TC/2010, DTD. 27/01/2010 OF THE TRANSPORT COMMISSIONER. EXT.R4.D: COPY OF THE FILE NO. SR IV(2) 289/05/ST DTD. 17/11/2005 OF THE PUBLIC SERVICE COMMISSION ADVISING THE R.3. W.P.(C). NO.34847/2009-A: EXT.R4.E: COPY OF THE ORDER NO. A4/1508/TC/2005 DTD. 02/12/2009 OF THE TRANSPORT COMMISSIONER, APPOINTING THE R.3. IN THE POST OF MOTOR VEHICLES INSPECTOR. EXT.R4.F: COPY OF THE LETTER NO. K5/1021/7/2009 DTD. 27/01/2010 OF THE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM. EXT.R4.G: COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER MAINTAINED IN THAT OFFICE, TO SRI. V.K. REGHU KUMAR. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34847 of 2009 (A) --------------------------------- Dated, this the 10th day of June, 2010 J U D G M E N T Ext.P3 is the notification issued by the Public Service Commission inviting applications for filling up the post of Motor Vehicle Inspector. Applications were invited from qualified SC/ST candidates and the method of appointment was direct recruitment. Based on Ext.P3, Ext.P5 ranked list was published. 2. The 1st petitioner is an Association of Kerala Assistant Motor Vehicle Inspectors and petitioners 2 to 4 are Assistant Motor Vehicle Inspectors. Their contention is that the cadre strength of Motor Vehicle Inspectors is 126 and the actual strength is 124. Referring to Ext.P2 seniority list, they contend that there are 15 Scheduled Caste members and 3 Scheduled Tribe members in position. Therefore, they say that SC/ST members are adequately represented in the service and therefore, Ext.P3 notification for conducting special recruitment as contemplated under Rule 17A of Part-II KS&SSR was illegal. Therefore, according to the petitioners, the vacancy now available should be filled up from Ext.P6 select list WP(C) No.34847/2009 -2- of Assistant Motor Vehicle Inspectors or else the post should be filled up by making appointment by by-transfer. It is in these circumstances, this writ petition has been filed challenging the very invocation of Rule 17A of Part-II KS&SSR. 3. Counter affidavit has been filed by the 1st respondent. It is stated that it was on the basis of the review of Staff position and representation of SC/ST in the gazetted category in the Motor Vehicles Department as on 01/01/2004 and 01/01/2005, that the Government, by invoking Rule 17A of Part-II KS&SSR, have ordered to reserve and report two posts of Motor Vehicle Inspectors for appointment through Special Recruitment; one exclusively from ST and other from SC/ST (as on the review of 01/01/2004) and again one post of Motor Vehicle Inspector and one post of Senior Superintendent from SC/ST category (as on the review of 01/01/2005). It is therefore stated that the reservation of 3 posts of Motor Vehicle Inspectors and one post of Senior Superintendent, which are the lowest posts in gazetted category in Motor Vehicles Department, were not on account of dearth of representation of SC/ST candidates in the cadre of Motor Vehicle Inspector, but the staff position and representation of SC/ST in the gazetted category WP(C) No.34847/2009 -3- in the Motor Vehicles Department as a whole. It is further stated that the reservation and reporting of vacancies under Special Recruitment have been ordered on account of the inadequate representation of SC/ST candidates in gazetted category in Motor Vehicles Department. 4. A reading of the writ petition shows that the petitioners have proceeded on the basis that there is adequate representation of SC/ST members in the category of Motor Vehicle Inspectors and therefore, the Special Recruitment set up by Ext.P3 invoking Rule 17A of Part-II, KS&SSR is illegal. On the other hand, the counter affidavit discloses that the recruitment was resorted on account of inadequate representation of SC/ST members among the gazetted Officers in the Motor Vehicles Department. There is no affidavit in reply contradicting the averments made in the counter affidavit. In such circumstances, the stand taken by the respondents deserves acceptance. Therefore, I do not find any merit in the writ petition. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg