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2010 Supreme(SC) 1562

MARKANDEY KATJU, A. K. PATNAIK
VELAYUDHAN V. R. – Appellant
Versus
T. M. POULOSE – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Syed Shahid Hussain Rizvi,Adv. Ms. Bachita Barua, Adv. Mr. D.K. Pradhan, Adv.
For the Respondent(s): Ms. Bina Madhavan,Adv. Mr. Vipin Nair, Adv. Mr. P.B. Suresh, Adv. Mr. Vivek Sharma, Adv. for M/S. Temple Law Firm, Advs.
For the State of Kerala : Mr. G. Prakash, adv. Mr. B. Anand, Adv. Mr. Pratheek Vishwanathan, adv. Ms. Beena Prakash, Adv.

ORDER

These are appeals against the common judgment and order dated 26.03.2003 of the Division Bench of the High Court of Kerala in W.A. Nos. 677, 838, 1509, 1844, 1905 of 1998 and O.P. No. 5777 of 1999.

2. The facts briefly are that 7 posts of Executive Engineers (Electrical) in the Kerala State Electricity Board were filled up from amongst members of the Scheduled Castes/ Scheduled Tribes in accordance with Rule 17-A of the Kerala State and Subordinate Service Rules, 1958 (hereinafter for short the ’Service Rules’). These appointments to the post of Executive Engineers (Electrical) from amongst members of Scheduled Castes/Tribes were challenged by writ petitions under Article 226 of the Constitution before the High Court and when no relief was granted by the learned Single Judge of the High Court, Writ Appeals were filed before the Division Bench of the High Court and by the impugned judgment and order the Division Bench allowed the Writ Appeals holding that the provision of Rule 17-A of the Service Rules was supplemental to Rule 14 of the Service Rules which provided a reservation of 10% in any service, class or category of posts in favour of Scheduled Castes/Tribes and, therefore


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