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2020 Supreme(Ker) 818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, SHAJI P. CHALY, JJ.
Sarathkumar K. S/o Krishnankutty Nair – Petitioner
Versus
State of Kerala Rep. by Chief Secretary Thiruvananthapuram – Respondent
O.P. (KAT) No. 506 of 2019, 58 of 2020, W.P. (C) Nos. 31428 of 2019, 20322 of 2020
Decided On : 30-11-2020
Advocate Appeared:
For the Petitioners: Sri. R.T. Pradeep, Sri. V. Vijulal, Smt. M. Bindudas, Sri. K.C. Harish, Sri. S. Sreekumar.
For the Respondents: Sri. K. Siju, Sri. S. Abhilash, Smt. S. Seetha, Smt. Anjana Kannath, Sri. P.C. Sasidharan.
IMPORTANT POINTS
The amendments made to Rules, 2018 by the Amendment Rules, 2019 provide the method of appointment as direct recruitment in all the streams and being a direct recruitment the rules of reservation will apply
Headnote:
Kerala Public Service Act, 1968- Section 2;; The Kerala Administrative Service Rules, 2018- streams 2 and 3;; The Constitution of India- Article 309, Article 226, Article 32 - Society cannot be termed to be an ‘aggrieved person’, especially in a service matter, because any member of the said community is entitled, as of right, to challenge the same before the Tribunal, if they are really aggrieved persons- An aggrieved person is entitled to approach the Administrative Tribunal and it is not a case where there is no forum available for an aggrieved person to adjudicate his grievances.
Statement of facts:
Challenging the common order dated 28.11.2019 passed by the Kerala Administrative Tribunal, Thiruvananthapuram in O.A. Nos. 1535 of 2019 and 2009 of 2019, whereby the Administrative Tribunal dismissed the Original Applications and declined the challenge made against the amendment to the Kerala Administrative Service Amendment Rules, 2019 made by the State Government as per notification dated 11.07.2019 amending certain provisions of the Kerala Administrative Service Rules, 2018, and further held that the caste and community reservation made by the State Government for the recruitment of the employees to the Kerala Administrative Service from streams 2 and 3 as per the Amendment Rules, 2019 and reservation made to Stream 1 direct recruitment as it stood originally in the Rules, 2018 was in accordance with law.
• Whether the caste reservation made in the direct recruitment to the Kerala Administrative Service in accordance with the Amendment Rules, 2019 under streams 2 and 3 of the Rules, 2018, from among the employees of the various services under the Government is in accordance with law?
Finding of the court:
Insertion of Rule 5 (c), the age relaxation for reserved candidates for direct recruitment provided under Rule 10 of the KS&SSR would ipso facto apply to the reserved candidates aspiring for by-transfer appointment, which is also legally unsustainable.
Result: Writ petitions dismissed.
JUDGMENT :
SHAJI P. CHALY, J.
1. The captioned Original Petitions are filed challenging the common order dated 28.11.2019 passed by the Kerala Administrative Tribunal, Thiruvananthapuram in O.A. Nos. 1535 of 2019 and 2009 of 2019, whereby the Administrative Tribunal dismissed the Original Applications and declined the challenge made against the amendment to the Kerala Administrative Service Amendment Rules, 2019 (‘Amendment Rules, 2019’ for short) made by the State Government as per notification dated 11.07.2019 amending certain provisions of the Kerala Administrative Service Rules, 2018 (‘Rules, 2018’ for short), and further held that the caste and community reservation made by the State Government for the recruitment of the employees to the Kerala Administrative Service from streams 2 and 3 as per the Amendment Rules, 2019 and reservation made to Stream 1 direct recruitment as it stood originally in the Rules, 2018 was in accordance with law. The writ petitions tagged on are public interest litigations filed by a registered society basically challenging the caste and community reservation made by the State Government in Rules, 2018 as amended by Rules, 2019. Therefore, on agreement, we heard them together and proposed to pass this common judgment.
2. The prime and basic question originated for consideration is, whether the caste reservation made in the direct recruitment to the Kerala Administrative Service in accordance with the Amendment Rules, 2019 under streams 2 and 3 of the Rules, 2018, from among the employees of the various services under the Government is in accordance with law? Incidentally, it is made clear that in O.P. (KAT) No. 58 of 2020, caste reservation under Stream 1 by direct recruitment from open category is also under challenge. In order to answer the said question, relevant facts available from O.P. (KAT) No. 506 of 2019 is relied upon. The contentions in the writ petition and its maintainability would be considered separately.
3. Petitioners in O.P. (KAT) Nos. 506 of 2009 and 58 of 2020 are apparently applicants to the Kerala Administrative Service (KAS) and they are challenging Rules 2(1), 3(i) and 3(ii)(c) of the Amendment Rules, 2019, which was brought into force by notification dated 11.07.2019, by which caste reservation and age relaxation are extended to streams 1, 2 and 3 of the Kerala Administrative Service Rules. According to the petitioners, they are qualified to aspire for by-transfer recruitment to KAS envisaged in the stream 2 under Rule 12 of the Rules, 2018. Which thus means, the petitioners are working in various disciplines of the State Government service, who are entitled to apply for Kerala Administrative Service Rules and they belong to non-reserved category.
4. Rules, 2018 was brought into force as per G.O. (P) No. 12/2017/P&ARD dated 29.12.2017 and published as per SRO No. 861 of 2017 by the State Government in exercise of the powers conferred by sub-Section (1) of Section 2 of Kerala Public Service Act, 1968, hereinafter called Act, 1968 r/w Section 3 thereof and in partial supersession and consequent amendments specified in the Rules to the Kerala Civil Service Executive Special Rules dated 21.08.1963, on and with effect from 01.01.2018. The objects sought to be achieved was to build a cadre of public servants as a second line of managerial talent for Government for effective implementation of the Government policies and programmes, to provide opportunities for growth for bright, talented and committed officers in Government Service and prepare them for senior level administrative and managerial posts in public service, and to constitute the feeder category for the recruitment of the Indian Administrative Service Officers in Kerala cadre through appointment by promotion from State Civil Service category superseding the existing Rules in that regard.
5. The cadre strength at the en
