S. GOPA KUMAR versus STATE OF KERALA & KERALA PUBLIC SERVICE COMMISSION

S. GOPA KUMAR versus STATE OF KERALA & KERALA PUBLIC SERVICE COMMISSION

The term 'common list' in earlier Supreme Court orders was inadvertent; High Court had expressly directed preparation of separate lists for Civil and Mechanical Engineering branches. Selection and appointments should follow two rank lists as per High Court judgment; candidate's entitlement is determined by his rank in the appropriate list.

Parties
Petitioner: S. Gopa Kumar; Respondent: State of Kerala; Respondent: Kerala Public Service Commission; Respondent: Mustafakani Rowthor; Respondent: M. M. Abdul Khader; Respondent: K.M.K. Nair; Respondent: P. Govindan Nair; Respondent: Mrs. Baby Krishnan; Intervener: K. Prabhakaran
Jurisdiction
India
Judgment Date
21 September 1981
Procedural Posture
Special Leave Petition (civil) Nos. 2081 84 of 1980 / Final Disposition
Outcome
Special leave petitions dismissed.
Legal Topics
Selection Procedure for Public Employment, Rank Lists for Technical Posts, Correction of Court Orders
Administrative Law Selection Procedure for Public Employment Rank Lists for Technical Posts Correction of Court Orders

Case Brief

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Parties

S. Gopa Kumar

Petitioner

State of Kerala

Respondent

Kerala Public Service Commission

Respondent

Mustafakani Rowthor

Respondent

M. M. Abdul Khader

Respondent

K.M.K. Nair

Respondent

P. Govindan Nair

Respondent

Mrs. Baby Krishnan

Respondent

K. Prabhakaran

Intervener

Procedural Posture

Special Leave Petition (civil) Nos. 2081 84 of 1980 / Final Disposition

Legal Issues

  1. 1 Whether Civil and Mechanical Engineering graduates can be fairly included in a common rank list for selection to Junior Engineer posts
  2. 2 Whether selection procedure as prescribed by the Kerala Public Service Commission conforms to fairness and High Court directions
  3. 3 Whether the term 'common list' in Supreme Court orders was valid given the High Court's instructions

Ratio Decidendi

The term 'common list' in earlier Supreme Court orders was inadvertent; High Court had expressly directed preparation of separate lists for Civil and Mechanical Engineering branches. Selection and appointments should follow two rank lists as per High Court judgment; candidate's entitlement is determined by his rank in the appropriate list.

Court Disposition

Special leave petitions dismissed.

Orders

  • Supreme Court clarifies and corrects that no common list was directed to be prepared; only two separate lists for Civil and Mechanical Engineering branches are to be used.
  • Petitioner S. Gopa Kumar will be appointed from the Mechanical Engineering list when his turn arises.