The Kerala High Court on Wednesday declared unconstitutional and void rule 5A of the Kerala State and Subordinate Service Rules which grants five marks weightage during selecting process to candidates who apply for posts in government service in his/her native district.
Justice Antony Dominic passed the verdict while disposing of a batch of writ petitions filed by various candidates seeking to extend the benefits of the rules to other candidates born in a district but residing outside that district.
The court held that the rules violated Article 16 of the Constitution which provided for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State and prohibited discriminating citizens in employment or appointment in government service or making them ineligible on the grounds of religion, race, caste, sex, descent, place of birth, and residence. The court declared that the rule also went against Article 14 of the Constitution (equality before law).
The court made it clear that the judgment would not affect the recruitments already made or those who had already been appointed in any government service after giving the benefits of the rule.
The court observed that the rule gave a preference to the candidates on the basis of his/her place of birth and residence. Therefore, it was unconstitutional. The court also quoted various Supreme Court rulings which struck down government orders issued in violation of Article 16.
The petitioners contended that though they were born in the district where they had applied for the posts, they had migrated to other districts on various reasons and settled down there. Therefore, they were also entitled to get the benefits of the rule.
The government took the stand that the rule was brought in for the benefits of those who were residing in the backward districts. As the candidates from other district applied for posts in the backward districts, the candidates in the backward areas did not get sufficient representation in the government employment. It was to remove this anomaly that the rule had been adopted.
The Public Service Commission also said that the benefits of the rules could be made available only to those who resided in the same district in which they were born.
