Aby K. A vs State Of Kerala on 26 March, 2025

[Cites 5, Cited by 0]

Kerala High Court

Aby K. A vs State Of Kerala on 26 March, 2025

This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958, by the petitioners in W.P.(C)No. No.6428 of 2023. The writ petition was filed by the appellants under Article 226 of the Constitution of India seeking the following reliefs:

"i. Call for records connecting Exts. P1 to P7 from the respondents concerned;

ii. Call for Ext. P6 from 1st respondent and Issue Writ of Certiorari to quash para VI (4) and read down the same to make applicable Rules of Reservation as per General Rules 14 to 17 of KS & SSR to dependents fishermen community; iii. Call for Ext. P7 from 1st respondent and Issue Writ of Certiorari to quash para (2) to the extend "rules of reservation as per General Rules 14 to 17 of Kerala State and Subordinate Service Rules shall not be applied to item (2) above (fishermen community) and read down the same making applicable reservation to fishermen or dependent of fishermen;

(iv) Issue Writ of Mandamus directing respondents to include rules of reservation as laid down in General Rules 14 to 17 of Part II KS & SSR to fishermen/dependent of fishermen community for appointment to the post of Assistant Gr.II/ Junior Assistant in Matsyafed;

(v)Issue Writ of Mandamus directing 3rd respondent to 4 WA No.471 of 2025 2025:KER:25371 proceed with Ext. P4 ranked list to the post of Assistant Gr.

II/ Junior Assistant Part II. (Fishermen/dependent of fishermen community) and finalize within a time frame:

(vi) Issue Writ of Mandamus directing the 3rd respondent to forebear from implementing Ext.P5 through excluding supplementary list of muslim community, economically backward and petitioners."

2. By the impugned judgment dated 14.02.2025 the learned Single Judge dismissed the writ petition holding that the reservation prescribed under the Special Rules for the Kerala State Cooperative Federation for Fisheries Development Ltd (MATSYAFED), 2016 is not violative of Articles 14 and 16 of the Constitution of India. Being aggrieved, the appellants filed the above writ appeal.

3. By Exts.P1 to P3 gazette notifications dated 16.11.2020 the 3rd respondent Kerala Public Service Commission invited applications to the post of Assistant Grade II /Junior Assistant in MATSYAFED. There are three categories namely, category 229/2020 which is part I general category, category 230/2020 which is part II fisherman/dependent of fisherman category and Category 231/2020 which is part III society category. The appellants belong to category No.230/2020. Total 56 posts notified 5 WA No.471 of 2025 2025:KER:25371 are divided in a ratio of 5:3:2. The rank list in pursuance to the notifications and selection process came into effect from 23.12.2022. The appellants 1 to 3 are included in the supplementary list of Muslims as rank Nos. 1, 3 and 4 respectively, and appellant No.4 as rank No.1 in the Economically Weaker Section in Ext.P4 rank list of category 230/2020. Subsequently, the 3rd respondent issued Ext.P5 show cause notice dated 09.02.2023 to the 1st appellant as to why the supplementary list published by Ext.P4 shall not be omitted and thereby the 1st appellant is excluded. It is pleaded in the writ petition that Ext.P6 Special Rules of MATSYAFED approved by the 1st respondent State as per the notification dated 17.02.2016 deals with reservation of appointments. As per para VI of Ext.P6, the reservation as per the General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall apply to the appointments by direct recruitment subject to the followings:

(1) 10% of the vacancies shall be filled up by direct recruitment through PSC from the dependents of the fishermen communities.

(2) 50% of the vacancies shall be filled up by appointments from open category candidates.

WA No.471 of 2025 2025:KER:25371 (3) 40% of the vacancies shall be reserved to society quota with condition stipulated thereto.

Note:- A ratio of 1:5:4 shall be fixed for the recruitment above.

(4) The Rules of Reservation as per the General Rules 14 to 17 of Kerala State and Subordinate Service Rules, 1958 shall not be applied to item (1) above.

(5) In the absence of candidates under item No. (3) shall be filled by Direct Recruitment.

3.1. As per the order dated 27.04.2019 of the 1st respondent, the Recruitment Rules is renamed as Special Rules for Kerala State Cooperative Federation for Fisheries Development Ltd. By Ext.P7 notification dated 02.11.2019, Rule of 10% reservation earlier set apart for dependents of fishermen community is enhanced to 30% and that of the society quota is reduced to 20%. Contending that para VI of Ext.P6 Recruitment Rules and Ext.P7 amendment as unconstitutional, arbitrary and against ends of justice, the appellants filed the writ petition. They contended that no candidates belonging to Scheduled Caste and Scheduled Tribe ('SC/ST' in short) or the backward community can claim reservation against the 30% of quota, but at the same time, the persons belonging to a backward community or SC/ST of the 1st category can apply against vacancies of 50% and 20%, 7 WA No.471 of 2025 2025:KER:25371 i.e, open categories and candidates belonging to society quota if he is working in a society. It is contended that this is a double reservation in favour of the candidates from the fishermen community as they can apply against 50% and 20% quota and claim general reservation.

4. The 1st respondent filed a counter affidavit dated 20.01.2024 in the writ petition opposing the pleadings in the writ petition regarding discrimination in the reservation, producing therewith Ext.R1(a) document. Paragraphs 3 to 5 and next two paragraphs of that counter affidavit read thus:

"3. As regards in the averments in para 4 and 5 of the Writ Petition, it is submitted that the petitioners are included in the rank list of Category 230/2020 (fishermen, dependent of fishermen). As per the Prevailing Special Rule of Matsyafed, the rule of reservation as per the General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall not be applied to direct recruitment through PSC from Category reserved for fishermen and the dependents of fishermen. The Commission while publishing the rank list in Category 230/2020 (fishermen, dependent of fishermen) on 23.12.2022, erroneously published supplementary ranked list also. As the error was noticed by the Commission, the recruitment authority issued notice to the candidates included in the supplementary ranked list about 8 WA No.471 of 2025 2025:KER:25371 omitting/cancelling the same.

4. As regards in the averments in para 6 and 7 of the Writ Petition, as per Special Rule of Matsyafed issued vide G.O(P)No.5/2016/F&PD dated 17.02.2016 and its further amendment issued vide G.O(P)No.41/2019/F&PD dated 02.11.2019, 30% of the vacancies in the direct recruitment has been reserved for fishermen and the dependents of fishermen. The General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall not be applied for direct appointment to this category as one sought of reservation in the form of 'fishermen/dependent of fishermen' is being provided. The petitioners opted for selection in Category 230/2020 (fishermen, dependent of fishermen). Hence the allegation made by the petitioners that they are denying reservation for appointment is baseless and is to be denied.

5. As regards the averments in Grounds A to E the prevailing Special Rule of Matsyafed issued vide G.O(P)No.5/2016/F&PD dated 17.02.2016 and its further amendments, the ratio of reservation for direct recruitment in Matsyafed is fixed as 5:3:2 for open (category-1), fishermen and dependents of fishermen (category-2) and Society quota (category - 3). Among this, the General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall not be applied for direct appointment to category-2. In the notification issued by the Commission, for appointment towards category 230/2020 (fishermen, dependent of fishermen) Ex P1 among other details 9 WA No.471 of 2025 2025:KER:25371 provided, it was also made clear that General Rules 14 to 17 of the Kerala State and Subordinate Service Rules 1958 shall not be applied in that category. This notification has been issued to provide awareness among the candidates regarding the recruitment procedure. Accepting all these, the petitioners applied in this category. If they are opting for reservation as provided in General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958, they have to opt in the General Quota.

As per Rule 187 of KCS Act 1969, for appointment to Apex Societies or Central Societies, 50% of the vacancies shall be reserved to the employees of the member societies of the Apex Society or Central Society as the case may be, having a minimum regular service of 3 years and having the required qualification for the notified posts in the Apex Society or Central Society. As per the Special Rules of Matsyafed, 20% has been reserved for Society Quota. Accordingly, the candidates having minimum 3 years of regular service in any cadre in the Primary Fishermen Welfare Co-operative Societies with required qualification for the notified post with age limit 18-50 and who are in service not only on the date of application but also on the date of appointment to the new post are considered for the appointment through the Society Quota. Hence the averment that employees of Matsyafed are getting triple benefit is not true to facts, since those candidates who are considered for appointment under the society quota belongs to Primary Fishermen Welfare Co-operative Societies.

WA No.471 of 2025 2025:KER:25371 The Commission has published supplementary rank list in Category 230/2020 (fishermen, dependent of fishermen), erroneously and on noticing the same, the Commission took measures to cancel it by issuing notice to the candidates included in the supplementary list. Hence it is submitted that as the selection process done by Kerala Public Service Commission is in accordance with the Special Rules, the arguments made by petitioners are devoid of merit and the Writ Petition is liable to be dismissed with costs".

5. To the counter affidavit the appellants filed a reply affidavit dated 08.02.2024 producing therewith Exts.P8 to P10 documents.

6. Heard the learned counsel for the appellants, the learned Senior Government Pleader for the 1st respondent and the learned Standing Counsel for the 3rd respondent.

7. The learned counsel for the appellants submitted that no candidate belonging to SC/ST or backward community can claim reservation against 30% quota by virtue of Ext.P6 Special Rules of MATSYAFED. On the other hand, persons belonging to SC/ST or backward communities can apply against vacancies of 50% and 20% quota and this is discriminatory.

8. On the other hand, the learned Senior Government Pleader submitted that in paragraph No.3 of the impugned 11 WA No.471 of 2025 2025:KER:25371 judgment, the learned Single Judge has rightly considered this contention of the appellants and no inference is needed to the impugned judgment. The learned counsel for the 3rd respondent submitted that reservation is only an enabling provision and the fisherman or dependents of fisherman falling under category 230/2020 is a class by themselves and there is no question of double reservation as contended by the appellants.

9. The 10% of posts reserved in Ext.P6 which was amended as 30% by Ext.P7, exclusively for the candidates who are fishermen or dependents of fishermen irrespective of the fact whether they belong to the backward community or SC/ST or general category. A person who is not falling under the category of fishermen or dependents of fishermen is not entitled to apply for the posts reserved in this category, even if he belongs to a backward community or SC/ST. However, a person who belongs to a backward community, as well as fishermen, can apply for the post reserved in 50% and 20% vacancies and they can claim general reservation. As rightly found by the learned Single Judge, the reservation for SC/ST and backward communities is separate and distinct from the seats exclusively earmarked for the 12 WA No.471 of 2025 2025:KER:25371 fishermen community. The fishermen community candidates are not claiming reservation in respect of 30% vacancies as SC/ST or backward community. If reservation is given for SC/ST and backward class candidates in the 30% vacancies meant for fishermen or dependents of fishermen, then it would amount to double reservation as rightly found by the learned Single Judge. But if a candidate is claiming reservation against open category or the vacancies of the society quota it cannot be said that he is claiming double reservation. Therefore, we concur with the finding of the learned Single judge that there is no discrimination in Ext.P6 Rules which was amended by Ext.P7.

Having considered the pleadings and materials on record and the submission made at the Bar, we find no sufficient ground to interfere with the impugned judgment of the learned Single Judge.

In the result, the writ appeal stands dismissed.

sd/-

ANIL K.NARENDRAN, JUDGE sd/-

sks                              MURALEE KRISHNA S., JUDGE

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