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Showing contexts for: matsyafed in Aby K. A vs State Of Kerala on 26 March, 2025Matching Fragments
(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 WA No.471 of 2025 2025:KER:25371 proceed with Ext. P4 ranked list to the post of Assistant Gr.
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 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:
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 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.