IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 1009 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 17097/2022 OF HIGH COURT OF KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM.P.O,
THIRUVANANTHAPURAM-695004 .
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 ABDUL KAREEM,
AGED 52 YEARS
S/O. MUHAMMED, KARIPURATH HOUSE, VADAPURAM, NILAMBUR,
MALAPPURAM DISTRICT, PRESENTLY WORKING AS SURVEYOR GR.I,
KERALA WATER AUTHORITY, MALAPPURAM.
2 VINOD PANKAJAKSHAN, T.P.
AGED 47 YEARS
S/O. THATTARIL HOUSE, SOUTH CHITTOOR, ERNAKULAM,
PRESENTLY WORKING AS HEAD FITTER, KERALA WATER
AUTHORITY, KADAVANTHRA, ERNAKULAM.
3 ARJUN MOHAN P.C.,
AGED 28 YEARS
S/O. MURALI MOHAN, MOHANAM HOUSE,
PALADANCHIRAKKAL,GURUVAYOORAPPAN COLLEGE,
KOZHIKODE,PRESENTLY WORKING AS OFFICE ATTENDANT, KERALA
WATER AUTHORITY, SARVARAM, KOZHIKODE.
4 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
5 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM-695 001.
BY ADVS.K.MOHANAKANNAN & P.M.JOHNY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2022,
ALONG WITH WA.937/2022, 968/2022 AND CONNECTED CASES, THE COURT ON
16-08-2022 DELIVERED THE FOLLOWING:
:2:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 937 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 30716/2019 OF HIGH COURT OF
KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM.P.O,
THIRUVANANTHAPURAM-695004
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 VARGHESE VIJESH
AGED 37 YEARS
S/O.K.D.JOSEPH, KURIAPPILLY HOUSE, THURUTHUR,
PUTHANVELIKKARA.P.O, ERNAKULAM DISTRICT- 683594
2 MUHAMMED SHERIEF.T.M
AGED 42 YEARS S/O.T.P.MARAKKAR THUPPANATH HOUSE, ELOOR
EAST, UYOGAMANDAL.P.O, ERNAKULAM DISTRICT. 683 501
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001
4 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM-695001
BY ADVS.SRI.K.MOHANAKANNAN(B/O)
P.M.JOHNY, SC, KERALA WATER AUTHORITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-08-
2022, ALONG WITH WA.1009/2022 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
:3:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 968 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 15793/2022 OF HIGH COURT OF KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
BY ADV P.C.SASIDHARAN(K/255/1982)
RESPONDENT/S:
1 VARGHESE VIJESH
AGED 39 YEARS
S/O.K.D.JOSEPH KURIAPPILLY HOUSE, THURUTHUR,
PUTHANVELIKKARA (PO), ERNAKULAM DISTRICT - 683 594.
2 MUHGAMMED SHERIEF T.M.
AGED 44 YEARS
S/O.T.P.MARAKKAR THUPPANATH HOUSE, ELOOR WEST,
UDYOGAMANDAL (PO), ERNAKULAM DISTRICT - 683 501.
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 KERALA STATE AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM
- 695 001.
BY ADV ADV.SRI.K.MOHANAKANNAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.08.2022, ALONG WITH WA.1009/2022 AND CONNECTED CASES, THE
COURT 16-08-2022 DELIVERED THE FOLLOWING:
:4:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 1061 OF 2022
AGAINST THE ORDERWP(C) 16023/2021 OF HIGH COURT OF KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 ABILASH KUMAR M
AGED 32 YEARS, S/O. ARAVINDHAKSHAN M., OPERATOR, KERALA
WATER AUTHORITY PH SECTION, OLLUR, THRISSUR-680306.
2 ANILRAJ B.L.,
AGED 32 YEARS
S/O. BALRAJ S., OPERATOR, KERALA WATER AUTHORITY, PH SUB
DIVISION, THIRUVALLA-680101.
3 GOURISANKAR R.
AGED 32 YEARS
S/O. REGHUNANDHAN NAIR K.S., OPERATOR, KERALA WATER
AUTHORITY, WSP SECTION, ALAPPUZHA-688001.
4 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-
695001.
BY ADV SRI.JOHNSON JOSE PANJIKKARAN (B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2022,
ALONG WITH WA.1009/2022 AND CONNECTED CASES, THE COURT ON 16-08-2022
DELIVERED THE FOLLOWING:
:5:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 970 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 1860/2021 OF HIGH COURT OF
KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM.P.O,
THIRUVANANTHAPURAM-695004
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 REXIN P S
AGED 44 YEARS, S/O K.P SREENIVASAN (LATE),
OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER
AUTHORITY, KOLLAM-691 001.
2 ANSAR S.,
AGED 37 YEARS S/O SAINULABDEEN A., OPERATOR, PH SUB
DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-
691 001.
3 JITHESH V,
AGED 29 YEARS, S/O BALAKRISHNAN V., OPERATOR,
KERALA WATER AUTHORITY, WSP SUB DIVISION,
KASARAGOD-671 121.
4 MATHEW JOSEPH,
AGED 33 YEARS, S/O JOSEPH K M, OPERATOR, KERALA
WATER AUTHORITY, PH DIVISION, MUVATTUPUZHA,
ERNAKULAM-686 661.
5 JAIMON SEBASTIAN,
:6:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
AGED 27 YEARS S/O SEBASTIAN A.L., OPERATOR, WATER
WORKS SECTION NO:2, SUB DIVISION THRISSUR, PH
DIVISION THRISSUR, KERALA WATER AUTHORITY,
CHEMBUKAVU, THRISSUR-680 020.
6 SOORAJ K.N,
AGED 35 YEARS, S/O NARAYANAN K.V., OPERATOR, KERALA
WATER AUTHORITY, PH SECTION, KUMBALA, WSP SUB
DIVISION, KASARAGOD-671 121.
7 AKSHAY RAJ V,
AGED 29 YEARS
S/O. M.P. VIJAYAKUMAR, OPERATOR, KERALA WATER
AUTHORITY, WATER WORKS, EAST SUBDIVISION, PTP
NAGAR, THIRUVANANTHAPURAM - 695038.
8 ABHILASH S,
AGED 29 YEARS
S/O. SREEDHARAN PILLAI K, OPERATOR, PH SUB
DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM -
691001.
9 AJI BALAKRISHNAN,
AGED 41 YEARS
S/O. BALAKRISHNAN, OPERATOR, WS SECTION, KERALA
WATER AUTHORITY, PATHANAPURAM, KOLLAM - 689595.
10 ANUP M
AGED 29 YEARS
S/O. K. MOHANAN NAIR, OPERATOR, KERALA WATER
AUTHORITY, SEWERAGE SUB-DIVISION, KURIYATHI (S),
THIRUVANANTHAPURAM - 695009.
11 VISHNU V.,
AGED 31 YEARS, S/O VIJAYAN V., OPERATOR, KERALA
WATER AUTHORITY,PH SECTION, EDATHUA, PH DIVISION,
THIRUVALLA-689 573.
12 PURUSHOTHAMAN K.V,
AGED 40 YEARS, S/O PADMANABHA K.V. (LATE),
OPERATOR, SUB DIVISION, KASARAGOD, KERALA WATER
AUTHORITY, KASARAGOD.
13 JUBY PAUL CHERIAN,
AGED 29 YEARS, S/O N C CHERIAN (LATE), OPERATOR,
KERALA WATER AUTHORITY, P.H. SECTION,
CHANGANACHERRY, PH SUB DIVISION, CHANGANACHERRY,
KOTTAYAM-686 101.
:7:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
14 VISHNU PRATHAP NAIR P.,
AGED 34 YEARS, S/O PEETHAMBARAN NAIR, OPERATOR,
KERALA WATER SUB AUTHORITY, PH SECTION, KOTTAYAM,
PH DIVISION, KOTTAYAM-686 001.
15 ROY N.P,
AGED 42 YEARS, S/O N.C.PORINCHU, OPERATOR, KERALA
WATER AUTHORITY, SUB DIVISION, WADAKKANCHERRY, PH
DIVISION, THRISSUR, W.S.P SECTION, WADAKKANCHEERY-
680 590
16 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, WATER RESOURCES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
17 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
ADV.SRI.JOHNSON JOSE PANJIKKARAN
GEORGIE JOHNY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.08.2022, ALONG WITH WA.1009/2022 AND CONNECTED CASES, THE
COURT ON 16-08-2022 DELIVERED THE FOLLOWING:
:8:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 967 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 1880/2021 OF HIGH COURT OF
KERALA
APPELLANT/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 SAJU.M
AGED 33 YEARS S/O.SOMASUNDARAN, MANTHODI,
KOTTAKKAL, KUTTIPPURAM P.O., MALAPPURAM-676 503.
2 FAHEEM V.
AGED 29 YEARS
S/O.VEERANKOYA, PULLUTHODI HOUSE, PULIKKAL P.O.,
MALAPPURAM-673 637.
3 JAYESH D.S.
AGED 35 YEARS
S/O.DIVAKARAN NAIR, THEKKEKOTTAYATHU VEEDU,
KARUMANOOR, PARASSALA, TRIVANDRUM DISTRICT-695 502.
4 JOY D.,
AGED 48 YEARS
S/O.DIVAKARAN K., KIZHAKKEBHAGAM, KALAKKODU P.O.,
BHOOTHAKULAM, KOLLAM DISTRICT-691 302.
5 VIPIN A.V.
AGED 38 YEARS
:9:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
S/O.VALSAN A.V., APPAMVEETTIL, BALUSSERY,
ERAMANGALAM, KOZHIKODE DISTRICT-673 612.
6 SARATHLAL N.B.,
AGED 30 YEARS
S/O.NARAYANAN, BHAVAN HOUSE, MUTTIL P.O., WAYANAD
DISTRICT-673 122.
7 SURESH JACOB,
AGED 33 YEARS
S/O.JACOB, KANJHIRAPPALLIYIL HOUSE, KANAKKARI,
KOTTAYAM DISTRICT-686 632.
8 RENY P. VARKEY,
AGED 37 YEARS
S/O. C.P.VARKEY, KAZKADDDATHU, PUTHEN VEEDU, GANDHI
NAGAR, ALAPPUZHA DISTRICT-690 101.
9 AUSTHAR ALI A.,
AGED 42 YEARS
S/O.ALIYARUKUNJU, SALAMATHU BHAVAN, PUTHUVAYALIL,
PANTHRANDUMURI, THATTAMALA P.O., KOLLAM DISTRICT-
691 020.
10 MADHU CHANDRAN A.,
AGED 41 YEARS
S/O.CHANDRAN PILLAI, MINI NIVAS, SANTHI NAGAR 146,
KILIKOLLOOR P.O., KOLLAM DISTRICT-691 004.
11 MUHAMMED RAZI,
S/O.NAZARUDEEN, ELAVENTAYYATH HOUSE,
CHANTHINAMKULAM, CHANDANATHOPPE P.O., KOLLAM
DISTRICT-691 014.
12 SHAIN P. RAJ,
AGED 46 YEARS
S/O.K.P.RAJAN, SREENILAYAM, CHANDANTHOPPU P.O.,
KOLLAM DISTRICT-691 014.
13 SREEJITH K.N.
AGED 36 YEARS
S/O.NARAYAN, KALAPPURATHU HOUSE, THENHIPALAM P.O.,
MALAPPURAM DISTRICT-673 636.
14 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, WATER RESOURCES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
:10:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
15 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
ADV. SRI.ARUN MATHEW VADAKKAN (B/O)
GEORGIE JOHNY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2022,
ALONG WITH WA.1009/2022 AND CONNECTED CASES, THE COURT 16-08-2022
DELIVERED THE FOLLOWING:
:11:
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
A.K.JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
............................................................
W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022,
1009/2022 and 1061 of 2022
..................................................................
Dated this the 16th day of August 2022
JUDGMENT
Mohammed Nias, C.P. J., All these Writ Appeals are filed by the Kerala Public Service Commission ("PSC" for short) challenging the identical orders dated 7- 6-2022 wherein the learned single Judge directed the writ petitioners' applications to be considered for selection on the basis of the draft Special Rules which had not come into force.
2. The brief facts leading to the writ appeals are as follows: The petitioners challenge the non-inclusion of the Operator Category for selection to the post of Assistant Engineer from among the departmental candidates as they are not eligible under the existing rules. The PSC as per the notification dated, 4-5-2022 invited applications for the post of Assistant Engineer (Departmental Candidates only) in which the last date for application was fixed as :12: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 8-6-2022. The academic qualifications prescribed in tune with the existing Special Rules are as follows:
1. BSC Degree in Engineering (Civil/Mechanical/Chemical) of the Kerala University Or B.E.Degree in (Civil/Mechanical/Chemical) of the Madras University or any other qualifications recognized as equivalent there to .
OR
2) (a) Associate Membership Diploma of the Institution of Engineer, India, in Civil/Mechanical/Chemical Engineering or any other Diploma recognized as equivalent there to.
OR
(b)Pass in Section A and B of the Associate Membership Examination of the Institution of Engineers, India in Civil/Mechanical/Chemical Engineering.
Note. 1) B Tech/BE Degree in Civil/Mechanical/Chemical Engineering of any recognized Universities of Kerala or from UGC recognized Universities is also considered.2) Rule 10 (a) ii of Part II KS & SSR applicable"
3. Kerala Water Authority ("KWA" for short) was following the Kerala State Public Health Engineering Service Special Rules and Public Health Engineering Subordinate Service Special Rules as amended from time to time in the matter of recruitment, promotion and allied matters. As per the said Rules, the post of Operator was not included in the feeder category to be considered for selection to the post of Assistant Engineer. Meanwhile, there was a proposal to amend the Rules for which the draft of the Technical Service Rules is under consideration of the Government, but the same has not been approved so far. This fact is not disputed even by the writ petitioners, as is evident from the prayers made in the writ petitions. In all the writ :13: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 petitions, petitioners have sought for finalising Ext. P8 draft Special Rules of the KWA within a time frame to be fixed by the court and sought for deferring the appointment initiated as per the notification mentioned above till then. The interim order sought for in Writ Appeal No. 937 of 2022 was to stay the appointment to the post of Assistant Engineer which was under way as per the notification above mentioned. In short, the contentions of the petitioners is that on the basis of the existing Rules, the petitioners are not qualified to apply under the Notification but they will become eligible once the draft Special Rules are finalised.
4. The learned Single Judge who considered the matter found that the draft Special Rules are pending finalisation with the Government and despite repeated directions from this Court to finalise the same, the same has not been done. The contention of the petitioners was that they are all graduate engineers working in the KWA in the lower posts and would get a right to seek for appointment as Assistant Engineers on the finalisation of the draft Special Rules and that in the notification issued by the PSC, the qualifications are provided as per the rules in force and without reference to the draft Rules which are pending finalisation. The learned Single Judge finding that the last date of submission of the application was 8-6-2022, took note of the above factual situation and was of the opinion that the :14: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 graduate engineers among the petitioners who will be eligible to apply in accordance with the draft Special Rules should also be permitted to submit their application on the basis of the qualifications prescribed in the notification and they should not be rejected on the ground that they do not have the same as per the notification presently issued, and accordingly directed acceptance of their application as a provisional measure and subject to further orders in the writ petition.
5. These interim orders are challenged by the PSC primarily contending that the draft rules cannot be acted upon till they come into force. More so, the PSC cannot process the applications on the basis of the rules yet to come and can only be on the basis of the existing rules. It is also the argument of the PSC that it is the admitted case of the petitioners that they are not qualified under the notification issued and as such the direction to accept their application was illegal. They also contend that serious administrative difficulty will be faced by the Commission if the interim order passed, on the eve of the last date prescribed for the application, is allowed to stand. Admittedly, the post of Operator is not included as the feeder category for the post in question as per the notification, the writ petitioners cannot be permitted to appear in the test going by the notification as per the extant rules.
:15:W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022
6. The learned counsel for the writ petitioners, on the other hand, contended that there were series of orders directing finalisation of the Special Rules and no action has been taken to finalise it. The Draft Special Rules, which according to him, will be finalised could make them eligible to apply for the post of Assistant Engineers, has to be acted upon, as KWA itself has recommended amendment of the Rules. It is also their contention that since there are no Special Rules in force, Government can issue executive instructions which the PSC can also follow by issuing addendum notifications as done in the case of Water Authority itself on earlier occasions. It was taking into account the above factual scenario, that the learned Single Judge passed the interim order, and therefore, prayed for maintaining the same by dismissing the Writ Appeals.
7. We have heard the learned counsel for the appellant/PSC, the Learned Standing Counsel for the Kerala Water Authority, the learned Government Pleader as well as the learned counsel for the respondents/writ petitioners.
8. It is not in dispute that as per the notification issued by the PSC, the writ petitioners are not qualified to apply for the post of Assistant Engineer. It is also not in dispute that the draft rules which are pending finalization, could not be finalised or brought into force. :16: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 The prayers sought in almost all the writ petitions are to direct the respondents to finalise the rules, and also for keeping selection process in abeyance till then and also for directing the respondents to issue addendum notification in the nature of executive orders to vary the qualifications to make them also eligible to apply for the post in question. In as much as the extant rules are not replaced so far by the proposal and draft Special Rules, the appellant PSC could not have issued a notification including any other qualification other than what is prescribed in the existing rules. This is more so when the Kerala Water Authority also did not take any conscious decision to fill up the existing vacancies other than in accordance with the extant rules. The present selection on the basis of existing Special Rules cannot be allowed to be stalled on the basis of the draft Special Rules which are yet to come into force. The interim order in these cases goes against the qualifications prescribed in the notification and has the effect of permitting ineligible candidates to appear for the selection process, which we feel cannot be done.
9. The learned counsel for the KWA also submitted before us that it intends to go ahead with the present selection on the basis of existing rules and not the draft Special Rules. The learned Government Pleader also submits that the draft Special Rules can be finalised only after due deliberations. It is trite that, if a particular qualification is :17: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 prescribed, there cannot be any justification for allowing a selection to proceed on disregarding the qualifications prescribed therein. Since it is not disputed that the petitioners are not qualified as per the qualifications now issued, we find that the interim orders now passed cannot be sustained. May be the learned single Judge was inclined to protect the interest of the petitioner in the likely event of an imminent finalisation of the draft rules. We feel however that, even in those circumstances, the interest of the petitioners could have been safeguarded only in subsequent selection process and not in a selection process that had already commenced and was well underway. That however is a matter that can be considered along with the main relief sought in the writ petition namely, for a direction to finalise the Special Rules within a time limit .
10. In the above view of the matter, we allow the appeals filed by the PSC by setting aside the orders dated 7-6-2022, that permitted the petitioners to participate in the selection process for the post of Assistant Engineer, pursuant to the notification. We vacate the interim orders impugned in these appeals . We also make it clear that we have not gone into the merits of the main prayers sought for in the writ petition and we have only considered the correctness of the interim order passed in the above writ petitions. Writ petitioners are free to urge all contentions available to them in support of the main prayers at :18: W.A. Nos. 937 of 2022, 967/2022,968/2022,970/2022, 1009/2022 and 1061 of 2022 the time of the hearing of the writ petitions.
These Writ Appeals are allowed as above.
SD/- A.K.JAYASANKARAN NAMBIAR,
JUDGE
SD/-MOHAMMED NIAS C.P.,
JUDGE
ani
/TRUE COPY/