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P.B.SURESH KUMAR, C.S.SUDHA
Smitha. M. G, W/o. Raju. K. N – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
P.B.Suresh Kumar, J.
This appeal is directed against the judgment dated 07.10.2020 in W.P.(C) No.35894 of 2019. The appellant was the petitioner in the writ petition. Parties and documents are referred to in this judgment, as they appear in the writ petition.
2. The petitioner participated in the selection conducted by the Kerala Public Service Commission (the Commission) for appointment to the post of Computer Assistant Grade II in various Universities in the State. She was assigned Rank No.3 in the supplementary ranked list of candidates belonging to Viswakarma community published on 03.10.2016 pursuant to the said selection. The fourth respondent was the candidate who was assigned rank No.2 in the said supplementary ranked list. The fourth respondent relinquished her claim for appointment on 07.08.2019 in terms of Ext.P3 letter addressed to the Commission. The Commission rejected Ext.P3 relinquishment letter and advised the fourth respondent herself for appointment in a vacancy reported to it. No other advice was issued from the said ranked list thereafter till its expiry, for want of vacancy. The case set out by the petitioner in the writ petition was that insofar as th
The court emphasized that strict compliance with the rules is necessary, but when a candidate complies with the requirements, the benefit should be availed by the candidate next in the order of merit....
The PSC must judiciously verify relinquishment requests; arbitrary rejection violates procedural fairness, impacting eligible candidates.
Point of Law : Public Service Commission – A candidate, who is appointed in pursuance of PSC advise memo, who is later thrown out, will have the right to be re-appointed as against vacancies mentione....
Judicial intervention in PSC decisions is limited to cases of manifest arbitrariness or unfairness in application process.
Public recruitment mandates adherence to statutory rules, especially regarding candidate relinquishment, to prevent unfilled vacancies and uphold merit-based appointments.
Rule 17A indicates that under this Rule special recruitment can be done from among Scheduled Castes and Schedule Tribes when they are not adequately represented in any service, class, category or gra....
No additions/change being permitted.
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
The court upheld the merit-based selection process for Headmaster and ruled that accepted resignations cannot be retracted.
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