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RAJA VIJAYARAGHAVAN V.
Jithesh V. S/o Balakrishnan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. The petitioners in W.P. (C) No. 30646/2023 and W.P. (C) No. 30215/2013 are working as “Operators” in the Kerala Water Authority (KWA). They are aspirants for the post of Assistant Engineer in the Kerala Water Authority under the in-service/departmental quota. Their grievance in these writ petitions is that they have been denied an opportunity to participate in the selection process for the post of Assistant Engineer, which has been notified as Category No. 138/2022 by the Kerala Public Service Commission (KPSC) on the ground that as on the date of notification, the persons like petitioners were not eligible to apply for the said post under the in-service/departmental quota in terms of the Kerala Public Health Engineering Subordinate Service Special Rules, 1966 (PHESS Rules, 1966).
2. W.P. (C) No. 34313/2023 has been filed by the petitioners who have been working as Draftsman Grade-II in the KWA. They contend that they possess the qualification of degree in Engineering and are fully qualified to be considered for appointment to the post of Assistant Engineer in the 1
The main legal principle established is that the appointment method and eligibility criteria as per the existing rules at the time of notification should be adhered to, and vacancies should be filled....
When subsequent Rules come and there is no provision in said Rules to enable any employee to be considered as per old Rules, matter must end there.
The main legal point established in the judgment is that individuals appointed under the diploma quota cannot switch to the degree quota for further promotion, as determined by the interpretation of ....
Since statutory rules regulating Government service were only adopted on basis of a resolution by Board of Kerala Water Authority, said rules do not retain statutory flavour in their application to s....
It clearly emerges that in the event the performance of ineligible candidates in the written examination, held on are taken into consideration in shortlisting the candidates for personality test/inte....
(1) Promotion – Once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person irrespective of how he/she has been appointed....
Selection – A State instrumentality seized of solemn responsibility of making selections to public services must maintain a high standard of probity and transparency and is not expected to remain neb....
Candidates do not have an absolute vested right to the completion of a recruitment process under repealed rules when substantive policy changes occur. Courts will not adjudicate factual disputes rega....
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