G. Rajasekharan Nair vs D.I.G. of Police and Others

M.P. Menon, J.—After due selection by the Public Service Commission, the petitioner was advised for appointment as a Constable in the Armed Police Battalion, by Ext. P1 communication dated 4-8-1985; but he was not so appointed. It is claimed on behalf of respondents 1 and 3 that in view of Rule 10(b) of the General Rules of the K.S.S.R. and in the light of the directions contained in the G.O. evidenced by Ext. R1 (b), they are not bound to act on the advice tendered by the Public Service Commission: they can themselves arrange for a further verification of physical defects, if any. As a general proposition, it is difficult to accept the position that when the Public Service Commission selects candidates after taking into account the qualifications prescribed by rules, the appointing authority can make a reassessment of the self-same qualification, and reach a conclusion different from that of the P.S.C. Ext, R1 (a) is the rule governing recruitment to the post of Police Constables in the Police Subordinate Services. The stand of the P.S.C. is that the selection which preceded Ext. P1 advice was made after keeping in view of the qualifications so prescribed, and that this included verification of the candidate''s height. Where the Commission was satisfied about the height of the candidate and advised him for appointment, it seems to me that the advice could not have been ignored by the appropriate authorities either on the basis of Ext. R1 (b) or on the basis of Rule 10 (b). Rule 10, in the nature of things, can prima facie apply only to posts where the special rules or their equivalent do not prescribe specific requirements about physical fitness or physical features like height, chest measurements and such other things. I am told that in writ Appeal No. 15/77 a Division Bench of this court has taken the view that the Government or the appointing authority will have no power to vacate an order passed by the Public Service Commission under Rule 3 (c). The same principle should apply here also.

I therefore dispose of this Original petition with a direction that the petitioner be appointed in service on the basis of Ext. P1 as expeditiously as possible. No costs.