HIGH COURT OF KERALA versus RESHMA A. & OTHERS ETC.

Citation: [2021] 1 S.C.R. 289 · Decided: 11-01-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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   [2021] 1 S.C.R. 289
289
HIGH COURT OF KERALA
v.
RESHMA A. & OTHERS ETC.
(Civil Appeal Nos. 3974-3975 of 2020)
JANUARY 11, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
INDIRA BANERJEE, JJ.]
Service Law: Selection – Vacancies – High Court held that
appointments to the post of Munsiff-Magistrate can be beyond the
number of probable number of vacancies advertised in the
notification inviting applications – High Court held, on a literal
reading of r.7(2) of the Kerala Judicial Service Rules, 1991 (as
amended in 2019), that vacancies which arise within a year of the
approval of the select list by the Governor should be filled up from
amongst candidates on the list even though this exceeds the number
of probable vacancies which were notified, unless a fresh list is
notified within a year – Consequence of the decision was that
vacancies attributable to the next selection year, 2020, have to be
filled up from the select list drawn for the previous selection year,
2019 – Challenge to – Held: A harmonious interpretation of r.7(1)
and (2) must be adopted that is consistent with the Art.142 directions
in Malik Mazhar Sultan (3) case to bring the rules in accord with
the governing principles of constitutional jurisprudence in matters
of public employment – r.7(1) which refers to “notifying the probable
number of vacancies likely to be filled up” does not expressly
indicate what is meant by this expression – The ambit of that phrase
should receive content and meaning based on what was envisioned
in Malik Mazhar Sultan (3) case – ‘Probable number of vacancies’
is based on computing the existing vacancies and the vacancies
anticipated to occur during the year – To allow the concept of
probable number of vacancies in r.7(1) to trench upon future
vacancies which will arise in a succeeding year would lead to a
serious constitutional infraction – Vacancies for 2020 must be
allocated to candidates who are duly selected in pursuance of the
recruitment process for 2020 – Candidates who have ranked lower
in the 2019 selection and were unable to obtain appointments cannot
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
appropriate the vacancies of a subsequent year to themselves – To
allow such a claim would be an egregious legal and constitutional
error – Kerala Judicial Service Rules, 1991 (as amended in 2019)
– r.7(1) and (2) – Interpretation of Statutes – Harmonious
construction – Judicial Service.
Service Law: Selection – Process of selection in making
appointments to public posts – Held: Is subject to the guarantees of
equality under Art.14 and of equality in matters of public employment
under Art.16 – The process of selection must comport with the
principles of reasonableness – Constitution of India – Arts. 14 and
16.
Service Law: Selection – Anticipated vacancies – Meaning
of – Held: Anticipated vacancies are the vacancies which can be
reasonably contemplated to arise due to the normal exigencies of
service such as promotion, resignation or death.
Service Law: Selection – Actual and anticipated vacancies –
Difference from future vacancies – Held: Where the authority which
makes a selection advertises a specific number of posts, the process
of selection cannot ordinarily exceed the number of posts which
have been advertised – While notifying a process for appointment,
the authority may take into consideration the actual and anticipated
vacancies but not future vacancies – Future vacancies which arise
during a subsequent recruitment year cannot be treated as
anticipated vacancies of a previous selection year.
Words and Phrases – Expression ‘probable’ – Meaning of.
Allowing the appeals, the Court
HELD:1. The constitutional principle which finds
recognition in the precedents of this Court is that the process of
selection in making appointments to public posts is subject to
the guarantees of equality under Article 14 and of equality in
matters of public employment under Article 16. The process of
selection must comport with the principles of reasonableness.
Where the authority which makes a selection advertises a specific
number of posts, the process of selection cannot ordinarily exceed
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HIGH COURT OF KERALA v. RESHMA A. & OTHERS ETC.
the number of posts which have been advertised. While notifying
a process for appointment, the authority may take into
consideration the actual and anticipated vacancies but not future
vacancies. Anticipated vacancies are the vacancies which can be
reasonably con

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