NDLI: High Court of Kerala Vs. Reshma A. & Others Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Selection – Vacancies
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Selection – Vacancies – High Court held that appointments to the post of Munsiff-Magistrate can be beyond the number of probable number of vacancies advertised in the notification inviting applications – High Court held, on a literal reading of r.7(2) of the Kerala Judicial Service Rules, 1991 (as amended in 2019), that vacancies which arise within a year of the approval of the select list by the Governor should be filled up from amongst candidates on the list even though this exceeds the number of probable vacancies which were notified, unless a fresh list is notified within a year – Consequence of the decision was that vacancies attributable to the next selection year, 2020, have to be filled up from the select list drawn for the previous selection year, 2019 – Challenge to – Held: A harmonious interpretation of r.7(1) and (2) must be adopted that is consistent with the Art.142 directions in Malik Mazhar Sultan (3) case to bring the rules in accord with the governing principles of constitutional jurisprudence in matters of public employment – r.7(1) which refers to “notifying the probable number of vacancies likely to be filled up” does not expressly indicate what is meant by this expression – The ambit of that phrase should receive content and meaning based on what was envisioned in Malik Mazhar Sultan (3) case – ‘Probable number of vacancies’ is based on computing the existing vacancies and the vacancies anticipated to occur during the year – To allow the concept of probable number of vacancies in r.7(1) to trench upon future vacancies which will arise in a succeeding year would lead to a serious constitutional infraction – Vacancies for 2020 must be allocated to candidates who are duly selected in pursuance of the recruitment process for 2020 – Candidates who have ranked lower in the 2019 selection and were unable to obtain appointments cannot appropriate the vacancies of a subsequent year to themselves – To allow such a claim would be an egregious legal and constitutional error – Kerala Judicial Service Rules, 1991 (as amended in 2019) – r.7(1) and (2) – Interpretation of Statutes – Harmonious construction – Judicial Service.Service Law: Selection – Process of selection in making appointments to public posts – Held: Is subject to the guarantees of equality under Art.14 and of equality in matters of public employment under Art.16 – The process of selection must comport with the principles of reasonableness – Constitution of India – Arts. 14 and 16.Service Law: Selection – Anticipated vacancies – Meaning of – Held: Anticipated vacancies are the vacancies which can be reasonably contemplated to arise due to the normal exigencies of service such as promotion, resignation or death Service Law: Selection – Actual and anticipated vacancies – Difference from future vacancies – Held: Where the authority which makes a selection advertises a specific number of posts, the process of selection cannot ordinarily exceed the number of posts which have been advertised – While notifying a process for appointment, the authority may take into consideration the actual and anticipated vacancies but not future vacancies – Future vacancies which arise during a subsequent recruitment year cannot be treated as anticipated vacancies of a previous selection year.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 15
Petitioner	High Court Of Kerala
Respondent	Reshma A. & Others Etc.
SCR	[2021] 1 S.C.R. 289
Judgement Date	2021-01-11
Case Number	3974

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