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Showing contexts for: article 321 in Umayammal vs State Of Kerala on 7 October, 1982Matching Fragments
2. A question will certainly arise in the case of Government employees and certain statutory corporations whether the claims of the temporary employees for continuance in service on the basis of the rights under the Act will conflict with or infringe the rights of those persons who are regularly recruited to the posts concerned on advice by the Public Service Commission. Article 315 of the Constitution mandatdrily requires the establishment of Public Service Commission for the Union and a Public Service Commission for each State. And under Article 320 the Public Service Commission have to be consulted on all matters relating to methods of recruitment to civil services and for civil posts, on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions and transfers. Further it is the duty of the Public Service Commission to conduct examinations for appointments to the service of the State. Besides sections like the Scheduled Castes and Scheduled Tribes as well as the backward classes who enjoy the protective discrimination constitutionally sanctioned, benefit by the selection process through the Public Service Commission. Article 321 empowers extension of the functions of the Public Service Commission "as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution". However, in none of these cases any of the petitioners claim the right to continue in service as against a regularly recruited appointee advised by the Public Service Commission. Therefore such a question -right of a provisional hand vis-a-vis right of an advisee by the Public Service Commission, is not being considered here. Such a question would certainly raise very serious issues in the light of the constitutional provisions. Articles 14 and 16 of the Constitution guarantee equality before law and equality of opportunity in matters of public employment. Every citizen is entitled to be considered for appointment for any post under the State. And it could very well be said that the Constitution has designed a highly placed institution the Public Service Commission to do the duty of selection to the service in accordance with the constitutional provisions. We will leave those issues to cases where they actually arise on the pleadings.