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

Citation: [1982] 1 S.C.R. 744 · Decided: 21-09-1981 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Dismissed

Judgment (excerpt)

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S. GOPA KUMAR 
v. 
STATE OF KERALA & KERALA PUBLIC 
SERVICE COMMISSION 
September 21, 1981 
(R.S. PATHAK AND BAHARUL ISLAM, JJ.] 
Practice and Procedure-lnadvertant error in the order of Supreme Court-
lf could be corrected. 
For selection of candidates for the post of junior engineers in the Public 
Works Department, the State Public Service Commission prescribed a written 
test in which persons qualified in CiviJ Engineering could answer questions in 
category I and those qualified in Mechanical Engineering could answer questions 
in category II, both of which were contained in the same question paper. 
After the test and interview but before the common rank list was prepared 
some candidates impugned the method of selection alleging that the categories of 
Civil Engineering branch and Mechanical Engineering branch could not be 
rationally included in a common rank list. 
A single Judge of the High Court directed the Service Commission to 
prepare separate lists in respect of each of the two branches. A Division Bench 
of the High Court dismissed appeals of some of the aggrieved candidates. 
Dismissing the petition for grant of special leave filed by one candidate 
this Court observed that it was open to the petitioner to choose the Civil or 
Mechanical Engineering from the "common list" prepared by the Service 
Commission. When the State came to this Court for clarification of the earlier 
order. this Court again said that if the candidate's turn came in the "common 
list" he was entitled to claim the post under the earlier orders of this Court. 
Seeking clarification and directions, the State Government prayed that the 
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expression 'common list' prepared by the Public Service Commission be deleted 
from the earlier orders of this Court so as to enable the Commission to prepare 
separate lists in conformity with the High Court's directions. 
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HELD : The words "common list" mentioned in the two earlier orders 
of this Court were used through inadvertance. 
The High Court directed the 
Public Service Commission to prepare two separate rank lists: one for Civil 
Engineering Graduates and other for Mechanical Engineering Graduates on the 
basis of examination already conducted. 
The Public Service Commission 
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s. GOPA KUMAR v. KERALA (Baharu/ Islam, J.) 
745 
accordingly prepared two rank lists. The name of the petitioner herein appeared 
in the list of Mechanical Engineering Graduates and he would be appointed. 
when his turn came. [749 C-E] 
CIVIL APPELLATE JURISDICTION : Special Leave Petitio::. (Civil) 
Nos. 2081-84 of 1980. 
From the judgment and order dated the 23rd November, 1979 
of the High Court of Kerala at Ernakulam in W .A. Nos. 149, 167, 
169 and 170of1979. 
A.S. Nambiar and P. Parameswaran for the Petitioner. 
K. Sudhakaran Adv. Gen. of Kerala, 
V. J. Francis 
and 
Mustafakani Rowthor for Respondent No. 2. 
M. M. Abdul Khader and K.M.K. Nair for Respondent no. 4, 
~ ! 
Kerala Public Service Commission. 
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P. Govindan Nair and Mrs. Baby Krishnan for Respondent 
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No. 5. 
K. Prabhakaran for the Intervener. 
The Judgment of the Court was delivered by 
., _ 
BAHARUL ISLAM, J. 
In these special leave petitions, the 
,. 
petitioner assails the judgment and order dated 23rd November, 
1979 of a Division Bench of the Kerala High Court dismissing a 
number of writ appeals. The relevant facts may be stated thus : 
2. The Kerala Public 
Service Commission (hereinafter 
'KPSC') imited applications for filling up 130 expected vacancies 
in the posts of Junior Engineers in the Public Works Department, 
as per notification published in the Kerala Gazette dated 16th May, 
1978. The qualifications specified for the posts were B.Sc. in Civil 
Engineering or Mechanical Engineering of the Kerala University or 
its equivalent as prescribed by the special rules of the Kerala 
Engineering Subordinate Service (General Branch). 
The applicants 
had to appear in the written test conducted by the KPSC and there-
after in an interview held by it. 
There was a common question 
paper which contained, in category I, questions in Civil Engineering 
and in Category II, questions in Mechanical Engineering. Appli-
cants who were qualified in Civil Engineering had to answer the 
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746 
SUPREME COURT REPORTS 
[1982] 1 S.C.R 
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questions in Category I, and those qualified in Mechanical Engi-
neering the questions in Category II. 
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3. 
After the written test and 

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