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2003 Supreme(SC) 1117

S.B.SINHA
P. N. Premachandran – Appellant
Versus
State Of Kerala – Respondent


1. In the Department of Agriculture (Soil Conversation Unit) in the State of Kerala, there are number of posts of Assistant Director (Soil Survey) . The State Government in exercise of the powers conferred under Rule 17A of the Kerala State and Subordinate Service Rules, 1958 (for short the Rules) , decided to reserve one post to be filled up from amongst the members of Scheduled Castes and Scheduled Tribes through direct recruitment. The other posts of Assistant Director (Soil Survey) were to be filled up by promotion from amongst the Soil Survey Assistant on the basis of selection. For the purpose of selection for promotion to the post of Assistant Director (Soil Survey) , the Government decided to temporarily fill up the vacancy by promotion from amongst the Soil Survey Assistant. Consequently, the respondents were temporarily promoted from the year 1964 to 1980 as Assistant Director (Soil Survey) . Although the decision has been taken by the respondents to fill up one post of Assistant Director (Soil Survey) by way of direct recruitment purported to be Rule 17A of the Rules, but as no qualified person was available the qualification thereafter was relaxed in the year 1980. The












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