The savings clause in the Special Rules does not extend the validity of the ranked list beyond the period prescribed by the PSC Rules, reaffirming the supremacy of statutory rules over non-statutory ones.

JUDGMENT

A.Muhamed Mustaque, J.

This matter pertains to the interpretation of the savings clause introduced through an amendment to the Special Rules in respect of the Kerala Fire Subordinate Service, 1988 (hereinafter referred to as the "Special Rules"). The amendment notification was issued on 19/07/2017, and the savings clause was incorporated in the context of a change in the educational qualification prescribed for the post of Fireman Driver-cum-Pump Operator, which was brought by a government order dated 26/11/2014 and came into force with effect from 27/11/2014

2. With respect to the post of Fireman Driver-cum-Pump Operator, before 27/11/2014, the qualification was SSLC or equivalent. After the amendment, it was changed to Plus Two or equivalent.

3. The Kerala Public Service Commission (PSC) invited applications for the post of Fireman Driver-cum-Pump Operator with SSLC or equivalent qualification based on the unamended qualification, on 26/12/2014.

4. In effect, the notification of the PSC was contrary to the qualifications prescribed in the amended Special Rules, which came into effect from 27/11/2014, as the PSC notification was issued only on 26/12/2014.

5. The PSC published a ranked list pursuant to the notification on 12/01/2017. In the wake of the ranked list, the Government brought a savings clause to the Special Rules on 19/07/2017 incorporating Rule 13, which reads as follows:

“13. Savings. - Notwithstanding anything contained in these rules, amendment made to the qualifications of Category '5. Fireman Driver-cum- pump Operator as per sub-clause (i) and (ii) of clause (2) of rule 2 of the Special Rules in respect of the Kerala Fire Subordinate Service (Amendment), 2014, published as S.R.O. No. 736/2014 in the Kerala Gazette Extraordinary No. 2876 dated 27th November, 2014, shall be applicable only to the notifications for recruitment for that category issued by the Kerala Public Service Commission on or after 1st January, 2015 and all the vacancies reported till the publication of the ranked list in response to a notification published on or after 1st January, 2015 shall be filled up from the ranked list, if any, published in response to the notification published before 1st January, 2015."

The interpretation of the above savings clause is the core issue in this case.

6. The applicants before the Tribunal, who are the petitioners herein argue that the purport of the amendment is to enlarge the period of the ranked list till a new ranked list is published and cancellation of the ranked list based on the Kerala Public Service Commission Rules of Procedure, 1976 (hereinafter referred to as the “PSC Rules of Procedure”) on 14/08/2018 is legally unsustainable in the light of the Special Rules.

7. As per Rule 13 of the PSC Rules of Procedure, the validity of a ranked list is one year. Therefore, it is argued that the PSC Rules of Procedure are a non-statutory rule, and Special Rules being statutory in nature, the statutory Special Rules will prevail and not the PSC Rules of Procedure. Therefore, it was argued before the Tribunal that all the vacancies till the publication of the new ranked list on 10/10/2019 shall be filled from the ranked list that came into force with effect from 12/01/2017.

8. The Tribunal rejected the challenge, holding that the savings clause was incorporated to save candidates who do not possess the necessary qualification as per the amended Special Rules, and not to enlarge the validity of the ranked list beyond the period prescribed by the PSC in the Rules of Procedure.

9. Assailing the impugned order, the learned counsel for the petitioners contended th