Sreejith. S. vs The Kerala Electricity Board and The Kerala Public Service Commission

C.K. Abdul Rehim, J.—The petitioner is a graduate belonging to Scheduled Tribe (Hindu-Malaraya). He was included in the Rank List published by the 2nd respondent Commission, on the basis of selection conducted for special recruitment of Scheduled Tribe candidates to the post of Junior Assistant/Cashier in the 1st respondent Board. It is mentioned that the petitioner is the 35th candidate in the Rank List and candidates up to 34 were already advised for appointment. Allegation is that, despite availability of posts of Junior Assistant/Cashier in various offices of the 1st respondent Board, no steps are being taken to report the vacancies to the 2nd respondent Commission. Hence the petitioner seeks appropriate direction.

In a statement filed on behalf of the 1st respondent it is mentioned that the Board had accorded sanction to report 26 vacancies under the special recruitment for Scheduled Tribe and all those vacancies have already been reported to the Public Service Commission. The Public Service Commission had advised 26 candidates and all of them were appointed except 5, who were not joined duty. The NJD vacancies were also reported and appointments were made subsequently with respect to 4 candidates advised by PSC, out of which 2 had joined duty. The remaining 3 posts were again reported and candidates were already appointed on the basis of advise issued by PSC. Hence all the 26 vacancies have already been filled up and no vacancy exist at present for making appointment under the special recruitment for Scheduled Tribe candidates, is the contention.

Both counsel for the petitioner and the 1st respondent Board concede that the Rank List is still in force. This court is of the considered opinion that, interest of justice will be served by directing the 1st respondent Board to report vacancies if any arising under the special recruitment quota, without any further delay and by directing the PSC to advise the next candidate due, if any such vacancy is reported, without any further delay.

The writ petition is disposed of on the basis of directions as above.