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TMI Blog2001 (5) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... are that the Commission issued a notification, inviting applications for filling up 348 posts of Junior Health Inspector Grade II, in 14 districts of the State of Kerala, published in the Kerala Gazette on 2-4-1996 and in Part I Note (2), thereof a restriction was put to the effect that applications should not be sent for more than one district in response to the notification, and if application contrary to the said direction is sent and the candidate is selected, his name would be liable to be struck off from the rank list and disciplinary action would be taken. Part II of the said notification contained, apart from the application form in which application was required to be filed, general conditions. In column 8(b) of the application form, a candidate was required to state "Yes" or "No" in answer to the question whether he had applied for the post in any other district pursuant to the said notification. Under General Condition 25(b), an application was liable to be summarily rejected if a candidate had applied for more than one district for a post in response to the said notification. Under Condition 29 it was enumerated that if a candidate was, inter alia, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been placed before us. It may be necessary to refer to the order dated 13-9-1999 passed in SLP (Civil) No. 12562 of 1999 which runs thus : "The petitioner knew that she could apply for a post in only one district. She applied for posts in two districts while stating in each of the forms that she had applied only for that district. This having been discovered after she was in employment, the employment has been cancelled. The High Court has declined her relief on her writ petition. We concur with the High Court. Having regard to her conduct, our discretion under Article 136 is not available to her. The special leave petition is dismissed." Learned counsel on behalf of the appellants in support of this appeal firstly contended that Note (2) of the gazette notification dated 2-4-1996 restricting the choice of candidates to one district is violative of equality clause enshrined in Articles 14 and 16 of the Constitution, as by restricting choice of a candidate to one district his right for being considered for the posts in other districts is taken away. For appreciating the point it would be expedient to refer to certain statutory provisions. The Kerala State and Subor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasonable opportunity of being heard in the matter. The provisions in this sub-rule shall be deemed to have come into force on 31-7-1969. 4. Every candidate for appointment to any service, or for admission to any suitability/eligibility test, whether a member of a service or not, who in response to a notification issued by the Commission makes an application, shall make such application either printed or typed in the model form prescribed for the purpose and published by the Commission along with the notifications inviting applications for the post, for which no fee shall be levied. * * * 5-A. Award of weightage marks in certain cases. - Where the method of recruitment to any service, class or category is by direct recruitment on districtwise basis, such of the candidates belonging to that district who qualify for interview/become qualified to be included in the ranked list for such of the districtwise posts mentioned in the annexure to this Rule shall be given a weightage of five marks for the selection Provided that the candidates who are eligible to get the above weightage marks shall produce along with the application a nativity certificate issued by a competent aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than one district in response to this notification. If applications are sent contrary to the above direction and if he/she is selected his/her name will be removed from the ranked list and disciplinary action will be taken against him/her. Candidates should submit application for this post to the District Officer concerned of the Commission and should note the name of the district against the relevant column in the application. The address of the District Officers to which applications are to be sent is furnished in column (9) of the notification. 25. (b) The application having one or more of the following defects will be summarily rejected 1.-8. * * * 9. If the candidates apply to more than one district (for districtwise selection) for a post in response to the same notification. 29. Warning. - Candidates who are found guilty of the following items of misconduct shall be liable for disqualification for being considered for a particular post or debarment from applying to the Commission either permanently or for any period or the invalidation of their answer scripts or products in a written/practical test or the initiation of criminal or other proceedings against them or th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch a person was appointed, he was liable to be dismissed or removed from service treating the same to be one of the misconducts over and above any criminal action that may be taken against him. It appears that the Government introduced decentralisation of recruitment to the lower ministerial cadre in various departments and teaching posts in the Education Department to district level vide GO (MS) No. 154/71 dated 27-5-1971 with a view to avoid administrative inconvenience caused due to dearth of recruits in such cadres in the northern districts of Kerala. It was with this intention that the Government stipulated conditions restricting inter-district transfers vide government order dated 27-5-1971. However, while implementing the decentralisation, a lot of practical problems cropped up before the Commission. If candidates are allowed to apply to more than one district in response to the same notification, they have to be allowed to appear in the tests to be conducted in different districts on different dates and subsequently, if they find a berth in the ranked list relating to more than one district, they will have to be advised for recruitment from more than one district if the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinate Services Commission on the basis of the same examination albeit conducted in various zones which resulted in devaluation of merit of the selection examination by selecting a candidate having lesser marks over the meritorious candidate who had secured more marks and consequently the rule of equal chance for equal marks would be violated. It was laid down that such a selection process would not only be against the principles enunciated in Articles 14 and 16 of the Constitution but it would also result in heartburning and frustration amongst the young men of the country. It was directed in that case that if the Government is keen to make zonewise selection after allocating the same posts for each zone, it may make such scheme or rules or adopt such process of selection which may not clash with the provisions contained in Articles 14 and 16 of the Constitution. In the case of Minor P. Rajendran v. State of Madras (AIR 1968 SC 1012 (1968) 2 SCR 786) the State Government framed rules for selection of candidates to medical course and Rule 8 provided for districtwise allocation of seats on the basis of population. A case was made out that in view of such a rule candidates of inferi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s may not succeed in getting himself selected for admission within his region. Such a regionwise scheme in the matter of medical admission was held by this Court to be violative of Article 14 of the Constitution and accordingly struck down. None of the aforesaid decisions has any application to the facts of the present case as it has been simply pleaded that Note (2) of the gazette notification was violative of Article 14 of the Constitution. Neither before the High Court nor before this Court necessary facts showing discrimination have been pleaded inasmuch as there is nothing to show that more meritorious persons have been deprived of employment whereas persons of inferior merit have been selected. Apart from the fact that the necessary facts leading to discrimination have not been pleaded, there is absolutely no material to show that a case of discrimination is made out and accordingly the submission of learned counsel is devoid of any substance. Learned counsel for the appellants next submitted that as in these appeals one advertisement was issued for making selection in 14 districts and though the candidates had applied in more than one district but they could appear only in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er stated in the short notification that model application form has been appended in the gazette notification again meaning thereby notification dated 2-4-1996. In these cases some of the appellants in their application form, in reply to column 8(b), which required a candidate to state whether he had applied in more than one district, had stated 'No' and others 'Yes', though all of them had applied in more than one district. In view of the language in the short notification a candidate was obliged under law to look into the gazette notification dated 2-4-1996, more so when in the application form which was duly filled up by the appellants, it was specifically enumerated that "candidates should read the relevant gazette notification inviting applications before filling up the application form". Thus we find no substance in this submission as well. Learned counsel for the appellants also submitted that the decision of this Court in the case of O. N. Omana v. Kerala Public Service Commission (SLP (C) No. 1562 of 1999 dated 13-9-1999 (SC)) is quite distinguishable as in that case though there was one notification inviting applications for appointment in sever ..... X X X X Extracts X X X X X X X X Extracts X X X X
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