THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION versus SHEEJA P.R AND ANOTHER

Citation: [2013] 1 S.C.R. 182 · Decided: 08-01-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2013] 1 S.C.R. 182 
THE SECRETARY, KERALA PUBLIC SERVICE 
COMMISSION 
v. 
SHEEJA P. R. AND ANOTHER 
(Civil Appeal No. 129 of 2013) 
JANUARY 08, 2013 
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] 
KERALA PUBLIC SERVICE COMMISSION RULES OF 
C PROCEDURE: 
r. 13 - Rank list - Life of - 'Supplementary list' of 
reserved category candidates prepared with main list - Expiry 
of - Non-Joining Duty (NJD) vacancy reported after the rank 
0 list had been exhausted -
Claim of reserve category 
candidate next below the candidate in the supplementary list 
who did not join - Held: Once the main list becomes empty 
or drains out on the advice of all the candidates, it loses its 
life; consequently supplementary list also automatically 
E vanishes - The Commission could advise candidates only 
on receiving intimation with regard to the non-joining duty 
vacancies before the main list got exhausted - In the instant 
case, NJD vacancy was received by Commission one year 
after the main list got exhausted - Consequently, the 
supplementary list has no life any longer - Division Bench 
F of High Court erred in directing the Commission to operate 
supplementary list. 
Respondent no. 1, who figured as rank 3 in 
supplementary list (of reserved category candidates), filed 
G a writ petition before the High Court seeking a direction 
to the State Public Service Commission to issue an 
advise memo for his appointment to the post of Higher 
Secondary School Teacher - English (Junior) in a 
vacancy due to non-joining of respondent no. 2. The 
H 
182 
SECY., KERALA PUBLIC SERVICE COMMISSION v. 183 
~ 
SHEEJA P. R. 
Single Judge of the High Court dismissed the writ petition 
A 
holding that once the main list got exhausted, the 
supplementary list could not be kept alive. However, the 
Division Bench of the High Court allowed the appeal of 
respondent no. 1. 
B 
Allowing the appeal filed by the Commission, the 
Court 
HELD: 1.1. Rule 13 of the K.P .S.C. Rules of Procedure 
says that the rank list published by the Commission shall 
remain in force for a period of one year from the date on 
C 
which it was brought into force. The list can also remain 
in force till the publication of a new list after the expiry of 
the minimum period of one year or till the expiry of three 
years whichever is earlier. [Para 11] [189-G] 
1.2. Once the main list becomes empty or drains out 
on the advice of all the candidates, it loses its life; 
consequently, supplementary list also automatically 
vanishes. The Commission could advise candidates only 
D 
on receiving intimation with regard to the non-joining 
duty vacancies before the main list got exhausted. 
E 
Further, it may also be clarified that there is no provision 
in the Rules of procedure to prepare a supplementary list 
for the general category candidates. Supplementary list 
is prepared only in relation to the reserved category 
candidates so as to see that the reservation principle is 
F 
properly and effectively implemented. [Para 10 and 11] 
[189-B; 190-A-C] 
Nair Service Society vs. District Officer, Kera/a Public 
Service Commission 2003 (5) Suppl. SCR 551 = 2003 
G 
(12) sec 10 - relied on 
1.3. The point of distinction between the candidates 
of the reservation group included in the main list and their 
counter-parts of the supplementary list, is that former are 
eligible to be considered both on merit and against H 
184 
SUPREME COURT REPORTS 
[2013] 1 S.C.R. 
A reservation turns depending upon the number of 
vacancies and their placement in the•main list, while the 
latter are intended to fill in the groups in the reserved 
turns caused by the paucity of candidates entitled to 
reservation in the main list. The supplementary list is 
B always subject to the main list. Therefore, once the main 
list is exhausted, the supplementary list automatically 
loses its significance. A supplementary list has no 
separate existence, dehors the main list. [Para 12) [190· 
D-F] 
C 
1.4. In the instant case, the rank list prepared on 
27.4.2009 had expired on 28.9.2010, on the advice of the 
last candidate from the main list. The intimation from the 
Appointing Authority/Director, Kerala Higher Secondary 
Education regarding non-joining of the vacancy was 
D received by the Commission only on 12.9.2011, i.e. one 
year after the main list got exhausted. Once the main list 
got exhausted, the supplementary list has no life of its 
own, as has been held in N.S.S. case. The Division Bench 
of the High Court
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