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. Th