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1988 DIGILAW 137 (KER)

Kerala Unemployment Solution Committee v. P S C

1988-03-09

K.SREEDHARAN

body1988
JUDGMENT K. Sreedharan, J. 1. Same questions arise for consideration in these Original Petitions. So, I am disposing of them by this common judgment. 2. The Kerala Public Service Commission invited applications for selection to the post of Village Extension Officers Grade-II in various districts in the State. The notification was published in the Gazette dated 9-2-1982, The petitioners in these original petitions among thousands others applied for the post. A written test was conducted by the Commission on 30-7-1983. The list of successful candidates in the test was published on 19-5-1984. Thereafter the selection was finalised by conducting interviews. Ranked lists of the successful candidates for the various districts were published on the following dates: Trivandrum : 138-1984 Quilon : 12-10-1984 Kottayan : 25-9-1984 Aleppey : 21-8-1984 Idukky : 18-9-1984 Ernakulam : 12-10-1984 Trichur : 12-10-1984 Palghat : 15-9-1984 Malappuram : 12-10-1984 Calicut : 19-8-1984 Wynad : 13-8-1984 Cannanore : 12-12-1984 The Public Service Commission advised candidates for the vacancies which were reported to them within the period fixed by the proviso to R.13 of the Kerala Public Service Commission Rules of Procedure. According to the Commission, the above ranked lists should remain in force till the expiry of one month from the date of commencement of the training or three months from the date of finalisation of the ranked lists whichever is later. Therefore, the Commission was of the opinion that all the lists published as mentioned above are to expire on the completion of three months from the date of its publication. As per G. O. Rt. 1253/84/DD. dated 28-11-1984 the training course was to start from 3-12-1984. The period of one month from the date of the training expired on 2-1-1985. Thus the ranked lists ceased to be in force from 2-1-1985. In this view the Commission took up the stand that candidates included in the ranked lists cannot be advised for appointment against the vacancies reported after the date of expiry of the list, The Department reported many vacancies to the Commission even after that date and requested the Commission to advise candidates for appointment. The Commission did not comply with the said demand. 3. The Commission did not comply with the said demand. 3. The learned Counsel appearing for the petitioners contend for the position that the selection was to the post of Village Extension Officers Grade II in the Community Development Department, that candidates were advised for the post, that the selection and advice of the candidates by the Commission were not for any training course, that R.13 of the Rules of procedure should govern the life of the lists and that the provisos to that rule has no application in fixing the life of the lists. 4. In the counter affidavit filed on behalf of the State it is contended that the candidates advised for appointment to the posts have to undergo training before the actual appointment, that the successful completion of the training is an essential pre requisite for appointment, that the period of training is not counted for probation, that the rank and seniority of the candidates were revised on the basis of the chances and marks obtained by them in the training course and therefore the first proviso to R.13 of the Public Service Commission Rules of Procedure will govern the life of the list. It is further contended that since the training course started from 3-12-1984 all the lists expired with effect from the midnight of 2-1-1985. 5. The short question that arises for decision is whether R.13 of the Public Service Commission Rules of Procedure will determine the life of the lists published by the Commission for the appointment to the post of Village Extension Officers Gr. II or whether it is the first proviso to that Rule that governs the matter. If R.13 is applicable, it is conceded on all sides, the lists are to have a life span of three years. If the first proviso to that Rule is governing the field then the stand taken by the Government and Commission should be upheld and Original, petitions dismissed. This controversy centres round the question as to whether the selection and advice were for the post or to a training course. If the selection and advice were to the post, it is fairly conceded by the learned Government Pleader and the learned Counsel representing the Commission, the first proviso to R.13 has no application. In that case the life of the lists will be three years. If the selection and advice were to the post, it is fairly conceded by the learned Government Pleader and the learned Counsel representing the Commission, the first proviso to R.13 has no application. In that case the life of the lists will be three years. The Public Service Commission will then be bound to advise candidates fulfilling up the vacancies reported within three years of the date of the publication of the list. 6. G. O. (P) 302 dated 8.9.1967 prescribed the qualifications for the post of Village Extension Officers Gr. II. The said qualifications are: (a) Must possess the minimum general educational qualification of SSLC standard or any other equivalent qualification with minimum aggregate marks of 40% and (b) Must have a good physique. Desirable; (a) Possession of Certificate in Agricultural Science awarded by the National Council for Rural Higher Education. (b) Pass in the first in SSLC Examination or equivalents The above mentioned Government Order as amended by the subsequent orders provided for training. It is provided that the selected candidates should undergo training in one of the extension training centres before appointment to the post, that the training will be terminated in the event of the conduct being found unsatisfactory or found to be inefficient during the training. Candidates will be appointed to the post only incase they satisfactorily completed the training. The rank and seniority of the candidates for the post will be decided according to the order in which their names appear in the advice list given by the Public Service Commission. But in the case of those who fail to secure a pass after the completion of the training in the first chance, their rank and seniority will be revised on the basis of the chances and marks they obtain in the subsequent chances. It also stated that the period of training will not count for probation. 7. G. O. (P) 302 dated 8-9-1967 specifically stated: "The seniority of the persons appointed to the posts will be fixed on the basis of the ranks obtained by them in the final examination conducted at the training centres on completion of the training course." This provision was amended by G. O. (P) 88/77/DD. dated 30-6-1977. 7. G. O. (P) 302 dated 8-9-1967 specifically stated: "The seniority of the persons appointed to the posts will be fixed on the basis of the ranks obtained by them in the final examination conducted at the training centres on completion of the training course." This provision was amended by G. O. (P) 88/77/DD. dated 30-6-1977. As per that: "The rank and seniority of candidates selected for the posts of Village Extension Officers will be decided according to the order in which their names appear in the advice list given by the Public Service Commission." This change in the mode of fixation of the seniority in the cadre of Village Extension Officers Grade II was only because the selection and advice of candidates by the Commission were to the posts and not to any training course. The Explanatory Note to the Government Order of 1977 makes this position very clear. "According to the existing provision in the Special Rules, the seniority of the persons appointed as Gramasevikas and Gramasevikas will be fixed on the basis of the ranks obtained by them in final examination conducted at the Extension Training Centres on completion of the pre service training. This being the position the ranks assigned by the Public Service Commission are subjected to change at the time of actual appointment after training. This is not in conformity with the provisions in General R.27(c) of the Kerala State & Subordinate Service Rules. The Public Service Commission has therefore advised that the relevant provision in the special rules may be amended. Hence this amendment." R.27(c) of the Kerala State and Subordinate Services Rules can come into operation only because the advice was to the post. 8. Ext. P1 in O. P. 295/1985 is the copy of notification dated 9-2-1982 published by the Commission inviting applications. The caption to that notification is "Applications are invited from qualified candidates for appointment in the undermentioned Posts: -"Category-9 mentioned therein was the post Village Extension Officer Grade II. Emphasis is to be given to the fact that the applications were invited to the post. The notification did not state that the selection was to the training course which may lead to automatic appointment f to the posts. Emphasis is to be given to the fact that the applications were invited to the post. The notification did not state that the selection was to the training course which may lead to automatic appointment f to the posts. In that notification added Note (ii) in the following terms: "The ranked list of candidates finalised by the Commission in pursuance of this notification shall cease to be in force after one month from the date of commencement of the training or three months from the date of coming into force of the ranked list whichever is later. Vacancies reported during this period will be advised from the said list." This note cannot make the first proviso to R.13 of the Public Service Commission Rules of Procedure applicable to the selection because the selection was to the post. According to me, the above note added to the post has only to be ignored because of the subsequent notification publishing the ranked list as well, Ext. P1 in O. P. 5967/87 is the copy of notification published by the Commission along with the ranked list. It inter alia stated: ''These ranked lists have come into force on the dates specified in the respective lists and will be in force till the publication of a new list after the expiry of a minimum period of one year or till the expiry of three years, whichever is earlier. Candidates from these lists will be advised for appointment in accordance with the rules and orders regarding reservation and rotation as amended from time to time, if applicable, against vacancies reported to the Commission during the pendency of these lists. xxx xxx xxx xxx xxx xxx xxx xxx. The Public Service Commission at the time of publishing the ranked lists correctly took the view that those lists are having a life span of three years. 9. Ext. P5 in O. P. 295/1985 is an advice memo issued by the Commission to a candidate ranked by them. It reads: "You are informed that you have been advised for recruitment as VEO Grade-II in the above Department/Institution. The selection is subject to R.3(c) and 10(b) of the Kerala State and Subordinate Services Rules, 1958". This advice was for appointment as Village Extension Officer Gr. II and not for any training course. It reads: "You are informed that you have been advised for recruitment as VEO Grade-II in the above Department/Institution. The selection is subject to R.3(c) and 10(b) of the Kerala State and Subordinate Services Rules, 1958". This advice was for appointment as Village Extension Officer Gr. II and not for any training course. The candidate who has been advised for the post, as per the special rules, has to undergo a course of training Depending on the successful completion of the training he will be absorbed in the service. This training will not make the advice or appointment to anything other than to the post. The candidates so advised have to undergo training. On their successful completion of training they will be ranked as per the rank assigned by the Commission. R.27(c) of the Kerala State and Subordinate Services Rules is applicable in fixing their seniority. If a candidate fails in the first chance then depending on his success in the succeeding examination he will be assigned his seniority. It will not in any way support the contention of the State and the Public Service Commission that the selection is only for the training. 10. From the above discussion I have no hesitation to hold that the Public Service Commission invited applications for the post of Village Extension Officers Grade II, that they prepared ranked lists of candidate for the said post and that they advised candidates for the post. Therefore, the ranked lists published in the various districts as mentioned earlier are having a life span of three years from the respective dates they came into force. Candidates from that list are to be advised for filling up the vacancies reported within three years of the date of their coming into force. Vacancies have in fact been reported within the said period of three years. Service Commission has not advised candidates for those posts. Therefore, I direct the Public Service Commission to advise candidates from the respective lists to fill up vacancies of Village Extension Officer Grade II, in the various districts, reported prior to the expiry of the list, in accordance with law, as expeditiously as possible. The Original Petitions are allowed in the above terms. No costs.