dispute in these appeals arise out of what are called NJD vacancies. This is
illustrated with reference to the facts of one of these cases ... three Ezhavas (OBC's)
and three Muslims. Those NJD vacancies were therefore, reported to the KPSC for
advice on 20.06.1995. No advice was, however
attempted to fill up 93 Non Joining Duty
vacancies ('the NJD vacancies' for brevity) from the said list.
16. The petitioners in these ... also the
attempt of the PSC to fill up the NJD vacancies from that list, by filing
the Original Applications involved in these cases, before
Date of No. of Remarks
Receipt Requisition of Vacancy Advice Unfilled
Vacancies
19.10.2015 07.10.2015 1 NJD 23.07.2018
12.07.2016 12.07.2016 93 NJD 26.02.2019 Advised ... NJD 08.04.2019
30.10.2018 30.10.2018 11 NJD
31.10.2018 30.10.2018 30.10.218 8 NJD + 1
Fresh
10.04.2019 09.04.2019 19.12.2018, 10 Fresh + 09.05.2019
12.03.2019, 15 NJD
vacancies of
conductors to the Public Service Commission, out of
which 5191 vacancies were existing vacancies and 1375
vacancies were fresh vacancies (due to introduction ... NJD on 03.07.2015, 1238 NJD on
07.01.2016, 1075 NJD on 27.05.2016 and 297
NJD on 28.06.2016. Out of the above 4030 NJD
vacancies, 6 NJD
subsequently, for
the period from 2.7.2019 to 6.8.2019, 6 vacancies [5 fresh
vacancies + 1 NJD vacancy] were duly reported by the appointing
authority concerned ... fresh one or an NJD, and that if it is an NJD
OP(KAT) No. 97 of 2022
..21..
vacancy in a community reservation turn
therefore, on 1.3.2011, another 42 NJD
vacancies were reported to the PSC. Apparently, four vacancies
against the 42 NJD vacancies reported were filled from ... existing
rank list but no further NJD vacancy could be filled from the said
rank list since it stood exhausted with effect from 11.5.2011.
Consequently
advised for appointment in any of the
four Non Joining Duty vacancies (NJD vacancies) which arose on the non-
joining of candidates belonging to Scheduled ... with appointment orders,
did not join duty and all the four NJD vacancies have been reported to the
Commission which are pending for advice
reported during the currency
of the previous list and
became (NJD)
3 NJD vacancies reported as per 3 Annexure R2(f)
proforma enclosed with letter ... reported during the currency
of the previous list and
became NJD)
7 NJD vacancies reported as per 2 Annexure R2(j)
proforma enclosed with letter
refusal to appoint him, despite the fact
that there are NJD vacancies against which he is eligible
for appointment.
2. The IHRD issued a notification ... appointed against the
W.P.(C) No.17134 of 2011
3
NJD vacancies of OBC. In Ext.R1(b) as against the OBC
turn
direct recruits. It was
further found that there were only two NJD vacancies available
and those two can be apportioned between the inter district ... those vacancies was treated as
cancelled. As far as the vacancy in SC turn is concerned, it is
pointed out that the said NJD vacancy
