Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | KERALA PUBLIC SERVICE COMMISSION RULES OF PROCEDURE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | KERALA PUBLIC SERVICE COMMISSION RULES OF PROCEDURE: r. 13 - Rank list - Life of - 'Supplementary list' of reserved category candidates prepared with main list - Expiry of - Non-Joining Duty (NJD) vacancy reported after the rank list had been exhausted - Claim of reserve category candidate next below the candidate in the supplementary list who did not join - Held: Once the main list becomes empty or drains out on the advice of all the candidates, it loses its life; consequently supplementary list also automatically vanishes - The Commission could advise candidates only on receiving intimation with regard to the non-joining duty vacancies before the main list got exhausted - In the instant case, NJD vacancy was received by Commission one year after the main list got exhausted - Consequently, the supplementary list has no life any longer - Division Bench of High Court erred in directing the Commission to operate supplementary list.Respondent no. 1, who figured as rank 3 in supplementary list (of reserved category candidates), filed a writ petition before the High Court seeking a direction to the State Public Service Commission to issue an advise memo for his appointment to the post of Higher Secondary School Teacher - English (Junior) in a vacancy due to non-joining of respondent no. 2. The Single Judge of the High Court dismissed the writ petition holding that once the main list got exhausted, the supplementary list could not be kept alive. However, the Division Bench of the High Court allowed the appeal of respondent no. 1. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 14 |
Petitioner | The Secretary, Kerala Public Service Commission |
Respondent | Sheeja P. R. And Another |
SCR | [2013] 1 S.C.R. 182 |
Judgement Date | 2013-01-08 |
Case Number | 129 |
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