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1986 DIGILAW 280 (KER)

CHANDRAN v. SECRETARY TO GOVT. OF KERALA

1986-08-12

SUKUMARAN

body1986
Judgment :- 1. The petitioner is a member of the legal profession. His grievance relates to the steps taken for the appointment of an Additional District Government Pleader at Trichur. The relevant files were made available at the time of hearing. The learned Advocate General, Mr. M.B. Kurup, was heard in the matter. 2. The petitioner claims that he belongs to a Scheduled Caste community and as such he is entitled to the benefit of the protective provisions in the Rules regarding appointment of Government Law Officers. Under R.8, the appointment is to be made from a panel, forwarded by the District Collector. Sub-rule (2) deals with the qualifications. Under clause (ii) of sub-rule (2) there is an obligation on the part of the District Collector to consult the District and Sessions Judge in the preparation of the panel. The number in the panel shall not exceed three. An assessment has to be made about the qualification, experience, integrity, character and antecedents. 3. An important amendment was made to the above Rule in 1984. The amendment incorporated a proviso which reads: "Provided that the Government shall try to give adequate representation to members of Scheduled Caste/Scheduled Tribe communities'in the matter of appointment of Government Law Officers." "Provided that if members from the Scheduled Caste, Scheduled Tribe community are qualified to be appointed as Government Law Officer the panel shall contain at least the name of one member from such community." 4. The Rule is a clear manifestation of the intention of the Government to extend to the weakest section in the Society the help of a protective or benign appointment policy. The relevance of the policy in the present context when the oppressed sections still suffer from the servitude of centuries cannot be overemphasised. The second proviso casts a compelling obligation on the part of the authority preparing panel to include the name of a member belonging to Scheduled Caste/Scheduled Tribe qualified to be appointed as Government Law Officer. 5. There is no dispute that the petitioner is fully qualified to be appointed as Government Law Officer. As a matter of fact, the records (which have been made available to me for perusal) would clearly indicate that on an earlier occasion, the petitioner's name was included in the panel for being considered for appointment as District Government Pleader. 5. There is no dispute that the petitioner is fully qualified to be appointed as Government Law Officer. As a matter of fact, the records (which have been made available to me for perusal) would clearly indicate that on an earlier occasion, the petitioner's name was included in the panel for being considered for appointment as District Government Pleader. The qualification of the petitioner thus being beyond controversy, he was entitled to be included in the panel, in view of the peremptory provision in the second proviso introduced under the 1984 amendment. The omission of the District Collector in that regard has, therefore, to be corrected. 6. The excuse put forward by the District Collector and the District Judge about their having any credentials or records to determine the community to which the petitioner belonged is not convincing. In his affidavit, the petitioner slates that he used to appear in the courts at Trichur quite frequently. His name bad been included in the panel on two earlier occasions. This could not have been without any application of mind to the individual, his qualifications, merit and integrity. When the Rule casts mandatory obligation for inclusion of the name of a scheduled caste candidate in the panel, it was the bounden duty of the District Collector and the District Judge to make effective enquiries about the availability of such a candidate The responsibility was greater on the part of the District Judge. If is unfortunate that he did not make a proper or earnest effort in that regard. His explanation as attempted in the letter contained in the files contains only fragile logic. 7. The petitioner has a grievance that notwithstanding the inclusion of his name in the earlier panel and a pointed representation about his entitlement for appointment in tune with the amendment, the Government passed Ext.P2 order on 2-11-1985 reading: "I am directed to to invite your attention to the reference cited and to inform you that there is no provision in the rules governing appointment of Government Law Officers to entertain individual representations in this regard." The attitude and approach of those responsible for that communication have to be strongly condemned. Probably it is a reflection of a malicious mental attitude surviving from a feudal frame of mind. Probably it is a reflection of a malicious mental attitude surviving from a feudal frame of mind. The authorities should have been alive to the necessity of effective implementation of the Rule, intended for the uplift of the weaker section of the society. Even if they had accidentally overlooked the Rule (even a deliberate ignoring of it cannot be ruled out), they should have been only happy, if they had been alerted about their statutory duty. This was not the reaction of the authorities. The petitioner is justified in complaining that Ext. P2 was one virtually ridiculing him. This Court has necessarily to disapprove of such an attitude and approach. I do not make any further comment on that, as there is no challenge to Ext. P2 in this writ petition. 8. In the light of the above discussion, there will be a direction to the 4th respondent to conduct the necessary enquiry to determine the caste of the petitioner and his experience at the Bar and to include his name in the panel to be forwarded to the Government for appointment as Addl. Government Pleader in the Trichur District. This shall be done within a period of two weeks from today. There cannot be any doubt that once the petitioner's name is included in the panel, his name has to be considered properly and duly by the Government, particularly having regard to the facts and circumstances of the case, (including the fact that none of the five Government Pleaders in the District belongs to Scheduled Caste/Scheduled Tribe). The writ petition is disposed of as above. Allowed.