Kerala HC declares Rule 5A as `unconstitutional’
Kochi: Kerala High Court on Wednesday declared as
"unconstitutional and void" Rule 5 A of Kerala State and
Subordinate Service Rule, which, during direct recruitment
made on district-wise basis, gives a weightage of five marks
to candidates who qualify for the interview and belong to that
Disposing a batch of about 100 petitions, justice Antony
Dominic said that the judgement would, however, not affect the
recruitment already made by the state Public Service
Commission (PSC) giving the benefit of Rule 5 A.
As per the rule that has been declared void, during direct
recruitment made on district-wise basis, candidates belonging
to that district who qualify for the interview shall be given
a weightage of 5 marks for the selection.
The court held that Article 16 of the Constitution provides
for equality in the matter of public employment and also
prohibits discrimination. Only Parliament can make any law
providing residence as a requirement for appointment under the
state, it said.
Some women petitioners claimed that after marriage they
should be given benefit of Rule 5 A of the district from which
their husbands hail.
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