INDIA BUSINESS WORLD - APRIL - MAY 2007
The Month that was ...

SC FROWNS ON PUBLIC SERVICE COMMISSION ISSUING ORDERS BEYOND AUTHORITY

EXPRESSING displeasure over the public service commission issuing orders and notifications beyond its power, the Supreme Court said all such illegalities should be stopped to avoid hardship to the candidates seeking employment. A bench comprising Justice C K Thakker and Justice P K Balasubramanyan said, "It is not expected of a constitutional body like the public service commission to issue orders or notifications for which it has no authority."

The court took note of the Kerala Public Service Commission overstepping its jurisdiction in issuing of the list for selected candidates. "Under Rule 13 of the Rules it (KPSC) has no power to revive a dead list and all that it can do is to keep alive for a further period a list which is still alive on the day the decision is taken," said Justice Balakrishnan writing the verdict.

The public service commission could not really explain how it could have revalidated lists which had already expired in the instances pointed out by the learned counsel for the appellants, said the court. "We trust that the public service commission would ensure that such illegalities, like the issuing of orders relied upon by the learned counsel for the appellant, are not committed, creating hardship and agony to some," said the court.

The verdict came in an appeal challenging the Kerala high court order. The appellants were included in a ranked list for appointment to the post of overseer grade-II in the public works and irrigation departments. The ranked list was published on 31.3.2001. Its normal validity was one year. But if no new list was prepared, its validity extended to three years. No new list was prepared, and therefore, the list was operative till 31.3.2004. In the list prepared, diploma holders were not included on the ground that they possessed a qualification higher than the one required.