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2020 Supreme(SC) 458

L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
Aswathy R. S. Karthika – Appellant
Versus
Archana M. – Respondent


Advocates Appeared:
For the Appellant :K.P. Kylasanatha Pillay, A. Venayagam Balan, V.S.Lakshmi, Ram Lal Roy Advocates
For the Respondent:Nidhesh Gupta, Karthik S.D., John Mathew, Nishe Rajen Shonker, Anu K Joy, Alim Anvar, Vipin Nair, P.B. Suresh, Mr. Anshuman Bahadur, Ms. Nidhi Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The four appellants in these two appeals before us, were the original applicants before the Kerala Administrative Tribunal1 [for short, Tribunal'] who invoked its jurisdiction under Section 19 of the Administrative Tribunal Act, 1985. The Tribunal allowed the Original Application2 [for short, 'OA'] filed by the appellants on 15th November, 2017 directing the Kerala Public Service Commission3 [for short, 'Commission'] to make the shortfall in reservations from the succeeding rank list. It is the said order and the order passed in review by the Tribunal on 15th October, 2018 which were challenged before the High Court by the private respondents herein. The High Court set aside the order of the Tribunal and dismissed the OA filed by the appellants.

2. The appellants belonged to the Hindu Nadar community, a category included in the Other Backward Classes4 [for short, OBC] in the State of Kerala vide Circular dated 21.11.2009. This decision was later incorporated in the Kerala State and Subordinate Service Rules, 19585 [for short, 'Rules'] vide Gazette Notification dated 3.8.2010 but with retrospective effect from 21.11.2009 and 1% reservation was provided to


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