Kerala Public Service Commission vs Varghese Vijesh
2022 Latest Caselaw 9422 Ker

                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

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

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

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.

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.

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

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

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/