High Court declares Rule 5A as ‘unconstitutional’

Thursday, January 19, 2012: Kerala High Court has 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 district.
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.