The petitioners in both these writ petitions are persons who are ranked by the Public Service Commission in a rank list that was published on 5.3.2011. The validity of the rank list has been extended upto 30.6.2014. The petitioners seek the issue of an appropriate direction to report all the available vacancies in the first respondent Bank. The main contention of the counsel appearing for the petitioners is that, the provision for implementing the reservation policy is not being followed by the Bank. Atleast 10% of the vacancies are to be set apart for the reserved candidates. It is contended that the staff strength of the first respondent shows, no such reservation has been made. 2. Advocate P.C.Sasidharan appears for the Public Service Commission. Though the reservation policy has to be implemented in the matter of selection, it is the Public Service Commission that appoints the candidates on the basis of the W.P.(C) Nos.35175 of 2011 & 6187 of 2012 -: 2 :-
rotation of the communities that are entitled to reservation as and when advice memos are issued for appointments. If candidates are not available in a particular community, the available candidate from the next community as per rotation would be advised. Since the said process is going on, the contention that 10% of the vacancies should be set apart for being filled up by reserved candidates is not correct.
3. Advocate T.R.Harikumar, who appears for the first respondent Bank submits that there has been a reduction in the number of posts available consequent upon the reclassification that has been effected. All the available vacancies have already been reported to the Public Service Commission. As and when candidates are advised, he assures that, appointments would be made. With respect to communication dated 9.2.2012 issued to the petitioners in W.P.(C) No.6187/2012 by the Bank, informing them that there were vacancies which are available for being reported, it is pointed out that the situation has changed after the year 2012. The Bank has been re-classified resulting in reduction in the number of posts. All the available vacancies W.P.(C) Nos.35175 of 2011 & 6187 of 2012 have been reported.
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4. Heard. As per the counter affidavit of the first respondent, the number of vacancies have been reduced to 69. After the rank list was published, 21 candidates were advised by the Public Service Commission. All the advised candidates have been appointed. The petitioners have not been able to point out the existence of any other vacancies. Therefore, I am not satisfied that any direction to report vacancies need be issued. The rank list was published on 5.3.2011. It has been in force for the past more than 3 years.
In view of the fact that there are no vacancies available to be reported, I am not satisfied that any direction as sought for by the petitioners can be granted. For the above reasons, these Writ Petitions are dismissed.
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K. SURENDRA MOHAN, JUDGE.
Jvt