Candidates in the supplementary lists are entitled to appointment against N.J.D. vacancies, even if the main list is exhausted, but have no right to claim appointment for fresh vacancies that arise subsequently.

K.G. Balakrishnan, J.

The Kerala Public Service Commission (for short 'the P. S. C.') invited applications for appointment to the post of Sub Engineer (Civil) in the Kerala State Electricity Board. After the process of selection, a ranked list was published on 4.7.1994. The ranked list consisted of a main list and in order to make available suitable candidates for the purpose of reservation, as envisaged in Rr.14 to 17 of the Kerala State and Subordinate Service Rules, supplementary lists of Muslim, Ezhava, OBC, Scheduled Caste/Scheduled ibe and other communities who are eligible to get reservation were prepared. The main list contained 177 candidates. Initially, the K.S.E. Board reported 150 vacancies and they were advised by the PSC on 20.8.1994 for appointment. The Board reported another 100 vacancies on 21.12.1994. The PSC could issue advice memos of only 89 candidates for appointment as the main list had exhausted by that time. Out of 89 candidates, there were 20 persons who did not join duty and they were treated as non joining duty (NJ.D.) vacancies. Out of 20 N.J.D. vacancies, 11 belongs to open competition category, 3 Scheduled Castes, 3 Ezhava and 3 Muslims. The petitioners in O.P. Nos. 11701/96 (W.A.No. 582/97),12305/95 (W.A. No. 583/97),18154& 18176/95 and 357/ 97 claimed that they were entitled to be appointed against the N.J.D. vacancies that fell vacant consequent on the non joining of Muslim and Ezhava candidates. These petitioners' names are included in the supplementary list.

2. In O.P. No. 18409/95 the petitioner was selected by the P.S.C. for appointment as L.P.S. A. and her name was included in the Muslim supplementary list as rank No. 199. She also claimed appointment against the N.J.D. vacancies. All the candidates-in the main list were given advice memo and the main list expired on 25.8.1994. Therefore, the P.S.C. contended that the petitioners herein are not entitled to get appointment against the N.J.D. vacancies.

3. The sole question that arises for consideration is whether the persons who are included in the supplementary lists are entitled to get appointment when once the main list is exhausted. It is conceded by both sides that the supplementary lists are only to supplement the candidates to the main list and both main list and supplementary lists have to be implemented simultaneously depending upon the vacancies that arise. Generally speaking, once the main list is exhausted or expired, supplementary lists have no legs to stand and they should also cease to have any operation. But in the present case, the dispute is whether the persons who are included in the supplementary list are entitled to get appointment to the N. J.D. vacancies that fell vacant consequent on the failure of some candidates to join duty. The stand taken by the P.S.C. is that once the main list is exhausted or expired even for the N.J.D. vacancies the persons included in the supplementary list have no right to claim as it will tilt the balance of reservation to the disadvantage of general candidates, whereas the learned counsel for the petitioners contended that the NJ.D. vacancies have to be treated as the vacancies that arose along with the main list and any appointment to these vacancies is to be treated as filling up of gaps that occurred in the main list.

4. Rr.14 to 17 of K.S.& S.S.R. are the provisions governing the principles of reservation followed in the matter of appointment to Government service. For the purpose of these Rules, generally a unit of 20 is taken and out of which two shall be reserved for Scheduled Castes and Scheduled Tribes and 8 shall be reserved for the Other Backward Classes and the remaining 10 shall be filled on the basis of merit. It is also made clear that the claims of members of Scheduled Castes and Scheduled Tribes and Other Backward Classes shall also be considered for the appointments which shall be filled on the basis of merit and where a candidate belonging to a Scheduled Caste,