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SUPREME COURT OF INDIA
Dhananjaya Y. Chandrachud, Indira Banerjee, JJ.
High Court of Kerala – Appellant
Versus
Reshma A. & Others Etc. – Respondents
Civil Appeal Nos. 3974-3975 of 2020 (Special Leave Petition (Civil) Nos. 11798-11799 of 2020)
Decided on : 11-01-2021
Constitution of India,1950 - Article 142 and 226 - Rights of Persons with Disabilities Act, 2016 - Section 34 (2) - Kerala Judicial Service Rules, 1991 - Rule 7(2) - Appointment - Inviting applications - Posts of Munsiff-Magistrate - Preliminary examination was held and result was declared - Main examination was held and result was declared - Interviews were conducted and merit list was published - After competitive examination, a list of candidates qualified for selection was prepared and was published - Merit list prepared by appellant was approved by Governor and was notified by Government of Kerala through a gazette notification dated - By way of this notification, 32 candidates were appointed as Munsiff-Magistrate trainees by direct recruitment for year against regular vacancies and 5 candidates were subsequently appointed against NCA - Submission was that appointments of Munsiff-Magistrates must not be limited to thirty-two vacancies and must take into account all other vacancies that have arisen or which may arise till, that is, within one year from date on which merit list dated was notified - Whether Rule 7 of Kerala Rules, 1991 is contrary to directions of this Court - Whether respondents and similarly placed candidates who find place in merit list approved by Governor can be appointed to vacancies arising within one year from date of approval of merit list, in excess of those specified in notification – Held, it has been urged on behalf of respondents that recruitment process for year has been delayed as a result of onset of Covid-19 pandemic - It has been submitted that actual process of selection would take about one year following which candidates would have to be sent on training - Hence it has been submitted that candidates for recruitment year would be in a position to actually commence judicial duties only in early - Having come to conclusion that judgment of High Court is erroneous, Court are of view that it would be impermissible to grant relief to respondents purely on this basis - Respondents have no vested right to appointment for 2019 selections - They cannot claim any right, or even equity, on ground that selection for subsequent year may be delayed - Vacancies for 2020 must be allocated to candidates who are duly selected in pursuance of recruitment process for 2020 - Candidates who have ranked lower in selection and were unable to obtain appointments cannot appropriate vacancies of a subsequent year to themselves - To allow such a claim would be an egregious legal and constitutional error - Court are of view that judgment of High Court cannot be sustained - Accordingly allow appeals and set aside impugned judgment and order of Division Bench of High Court of Kerala dated - Writ petitions filed by respondents before High Court shall stand dismissed.
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J.
A. Background
B. Submissions of the parties
C. Kerala Rules, 1991
D. Malik Mazhar Sultan (3)
E. Committee of Judges: Kerala High Court
F. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Malik Mazhar Sultan (3)
G. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Articles 14 and 16 of the Indian Constitution
H. Factual Analysis and Conclusion
A. Background
1. A judgment of a Division Bench of the High Court of Kerala dated 26 August 20201 [Writ Appeal 994/2020 and 998/2020 (High Court of Kerala)] forms the subject of the appeal. The High Court has affirmed a judgment of its Single Judge2[Writ Petition (Civil) 10007/2020 and 10361/2020 (High Court of Kerala)] by holding that appointments to the post of Munsiff-Magistrate in the judicial service of the state can be beyond the number of probable number of vacancies advertised in the notification inviting applications. The High Court held, on a literal reading of Rule 7(2) of the Kerala Judicial Service Rules, 19913["Kerala Rules 1991"] (as amended in 2019), that vacancies which arise within a year of the approval of the select list by the Governor should be filled up from amongst candidates on the list even though this exceeds the number of probable vacancies which were notified, unless a fresh list is notified within a year. The consequence of the decision is that vacancies attributable to the next selection year - 2020 - have to be filled up from the select list drawn for the previous selection year, 2019.
2. A notification was issued by the High Court (Appellant) on 1 February 2019 inviting applications for appointment to the posts of Munsiff-Magistrate in the Kerala Judicial Service, against regular vacancies and against a carry-forward called 'No Candidates Available (NCA)'. Thirty-seven "probable" vacancies were notified including one vacancy reserved for persons with disabilities, for appointment by direct recruitment and recruitment by transfer. Eight vacancies were notified under the NCA category. The notification is reproduced below:
KERALA JUDICIAL SERVICE EXAMINATION - 2019
Online applications are invited from qualified candidates for appointment to the post of Munsiff-Magistrate (Scale of pay : 27700 - 44770) in the Kerala Judicial Service against JMCA and Regular vacancies as detailed below. Online applications can be submitted from 04.02,2019 onwards. No other means/modes of application will be accepted.
NCA VACANCIES
1. Recruitment number : 3/2019 (4'h Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 97821/2011 dated 31-01-2012)
Number of vacancy : Scheduled Tribes - 1
Method of recruitment: Direct recruitment (candidates belonging to the Scheduled Tribes communities in the State of Kerala alone are eligible to apply).
2. Recruitment number : 4/2019 (2nd Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 5384/2013 dated 21.03.2013)
| Number of vacancy : | Nadars included in SIUC 1 SC converts to Christianity 1 |
| Hindu Nadars 1 |
Hindu Nadars 1
Method of recruitment: Direct recruitment (candidates belonging to the Non-Creamy layer of the above notified communities in the State of Kerala alone are eligible to apply).
3. Recruitment number : 5/2019 (2nd Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 10945/2016 dated 18.02.2016)
Number of vacancy : Latin Catholics/Anglo Indians - 1
Method of recruitment: Direct recruitment (candidates belonging to the Non-Creamy layer of the above notified community in the State of Kerala alone are eligible to apply).
4. Recruitment number : 6/2019 (1st Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 75831/2017 dated 07.11.2017)
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(1) Appointments cannot be made over and above clear and anticipated vacancies which have been advertised even though Public Service Commission may have prepared a longer merit list than it was requi....
Rule 7 of the Kerala Judicial Service Rules permits appointments from the merit list approved by the Governor for one year, covering existing and anticipated vacancies, aligning with Supreme Court gu....
The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous re....
Point of Law : Recruitment over and above notified vacancies is not in accordance with constitutional mandate of equal opportunity of unemployment, envisaged in Articles 14 and 16 of Constitution of ....
Filling vacancies beyond those advertised violates constitutional rights, and waiting lists cannot serve as a reservoir for future appointments.
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