1. These rules shall be called the Kerala Public Service Commission Rules of Procedure and shall come into force on and from the 16th day of August 1976.
2. In these rules, unless the context otherwise requires,
(a) Advice list means list of candidates drawn from the ranked list and arranged on the basis of the rules of recruitment relating to the post in respect of the vacancies reported from time to time.
(b) Commission means the Kerala Public Service Commission;
(c) Examination includes written examinations, Practical Examinations, Physical Efficiency Test, Oral Test (Interview) and any other test or examinations which the commission may deem fit to hold;
(d) Gazette means the Kerala Government Gazette;
(e) Government means the Government of Kerala;
(f) Member means a Member of the Commission and includes the Chairman thereof;
(g) Ranked List means the list of candidates arranged in the order of merit either on the basis of the interview or examination or by both;
(h) Service includes the State Services and Subordinate Services referred to in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 or any other service as may be covered by appropriate legislation providing for the exercise of additional functions by the Commission.
RELATIONS OF THE COMMISSION WITH GOVERNMENT AND SUBORDINATE AUTHORITIES
3. The Commission may conduct all or any one or more of the following examinations to assess the merits of candidates considered for recruitment to a service or post;
(i) Written Examination.
(ii) Practical Test.
(iii) Physical Efficiency Test
(iv) Oral Test (Interview)
(v) Any other test or examination, which the Commission may deem, fit to hold.
4. Where a written examination and/or a practical test is conducted by the Commission for recruitment to a service or post, the Commission shall-
(a) the qualifications required of the candidates for the examination
(b) the conditions of admission to the examination including the fees
(c) the subjects, Scheme or syllabus of the examination, and
(d) the number of vacancies to be filled from among the candidates for the examination.
Provided that where the exact number of vacancies to be filled is not ascertainable, the Commission may either announce the approximate number of vacancies to be filed or state that the number of vacancies has not been estimated.
(ii) invite applications and consider all the applications so received,
(iii) make all arrangements for the conduct of the examination for the candidates whose applications are found to be in order, and
(iv) prepare a list in the order of merit of such number of candidates as the Commission may determine from time to time.
Provided that the Commission may also prepare separate ranked lists in the order of merit of candidates coming under separate groups in accordance with the qualifications or other conditions as stipulated in the notification.
Provided further that for the purpose of satisfying the rules of reservation of appointment to Scheduled Castes, Scheduled Tribes and Other Backward Classes also the Commission may prepare such supplementary lists as found necessary from time to time in the order of merit of the candidates belonging to such classes.
5. Where an oral test (interview) alone is to be conducted by the Commission for recruitment to a service or post the Commission shall: -
(i) announce the qualification and other conditions including fee required of candidates and the number of vacancies to be filled-up:
Provided that when the exact number of vacancies to be filled is not ascertainable the Commission may either announce the approximate number of vacancies to be filled or state that the number of vacancies has not been estimated;
(ii) Invite applications, consider all applications so received and interview the candidates whose applications are found to be in order:
Provided that where the number of qualified applicants is unduly large having regard to the number of vacancies the Commission may restrict the number of candidates to be called for the oral test (interview) to such extent as they may decide after conducting any examination as they deem fit.
Provided further that the Commission may also restrict the number of candidates to be called for oral test (interview) on the basis of any one or more of the following criteria: -
(a) Higher qualification
(b) Higher marks
6. Where the oral test (interview) is conducted by the Commission, Commission shall invite the appointing authority and/or the Head of Department concerned to be present or to appoint a representative to be present and the Appointing Authority and/or the Head of Department or his representative so present may take part in the deliberations of the Commission but shall not be entitled to award marks:
Provided that the Commission shall invite, wherever they consider it necessary, any person or persons with expert knowledge in particular subjects to be present at the interview to assist the Commission but such person or persons shall not be entitled to award marks:
Provided further that for the interview of candidates for recruitment to any post in the Kerala Legislature Secretariat the Commission shall request the Speaker of the Kerala Legislative Assembly to be present or to depute his representative to be present and the Speaker or his representative so present may take part in the deliberations of the Commission, but shall not be entitled to award marks:
Provided also that for the interview of candidates for selection to posts which are common to more than one department the District Collector of the area in which the interview is conducted or his nominee shall be invited, instead of the Head of Department.
7. The deliberations of the Commission at the interview of candidates including award of marks to the candidates shall be kept secret and this rule shall be binding on the Head of Departments or their representatives or other experts who are present at the interview.
8. It shall be the duty of the Heads of Departments, their nominees and other experts to be present at the interview at the appointed time in response to the invitation of the Commission and to co-operate with the Commission in the fair conduct of selection.
9. The Heads of Departments/their representatives and other experts who violate rule 7 and 8 above or misbehave or act in any manner so as to affect the fair conduct of selection, shall be deemed to be guilty of misconduct and shall be liable for disciplinary action and/or other penal action as per law.
10. Notwithstanding anything contained in these rules the Commission may in consultation with the Government adopt for purposes of recruitment in any particular cases or class of cases a special procedure as more appropriate than the one prescribed in any of these rules.
11. A decision as to the following shall be taken by the Commission in respect of all selections made by them.
(i) Whether any candidate possesses the prescribed qualifications for the post;
(ii) the basis on which the marks should be awarded;
(iii) the minimum or minima of marks for inclusion in the ranked list;
(iv) the manner in which the practical examination, physical efficiency test or any other test or examination is to be conducted.
(v) any other matter incidental to the selection.
12. All the candidates interviewed and who obtained not less than the minimum marks fixed by the Commission shall be included in the ranked list prepared in the order of merit:
Provided where the candidates have been called for interview for the purpose of satisfying the rules of reservation alone such candidates who have got not less than the prescribed minimum marks in the interview shall be included in the supplementary list or lists arranged in the order of merit among the candidates belonging to each class.
Provided further that the Commission may also prepare list or lists of such categories of candidates who have got not less than the prescribed minimum marks in the interview and who are entitled to priority according to the terms of the notification inviting applications.
Provided further that the Commission may also prepare lists of over aged candidates who have secured not less than the prescribed minimum marks in the interview and who are eligible to be considered for appointment in the absence of candidates who conform to the rules regarding age limits.
12A. Where preferential qualification is prescribed for a post, the ranked list relating to it shall be prepared in the manner stated below:-
(i) In cases where minimum qualification is prescribed with the condition that candidates with certain additional qualification will be preferred, the Commission shall prepare only one ranked list. Separate marks shall not be awarded for the preferential qualification. Between two candidates scoring the same number of marks at the written test/practical test or interview or both the candidates possessing the preferential qualifications shall be ranked above the candidate securing the same number of marks and not having the preferential qualification.
(ii) In cases where the qualification for a post is so prescribed that candidates possessing a lower qualification will be selected only in the absence of candidates with certain higher qualification, the Commission shall prepare separate ranked list in respect of candidates possessing the higher qualification and the lower qualification.
13. The ranked lists published by the Commission shall remain in force for a period of one year from the date on which it was brought into force provided that the said list will continue to be in force till the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years whichever is earlier:
Provided that the above rule shall not apply in respect of ranked lists of candidates for admission to Training Courses that leads to automatic appointment to Services or posts and that in such cases the Ranked Lists shall cease to be in force after one year from the date of finalisation of the Ranked Lists or after one month from the date of commencement of the course in respect of the last batch selected from the list within a period of one year from the date of finalisation of the ranked lists whichever is later.
Provided further that the provisions of the proviso above mentioned shall not be applicable for the selection for admission to the Forest Rangers Course and also for admission to the Diploma Course in Forestry for which selections have to be made annually in accordance with the instructions of the Government of India issued from time to time. For these selections, the Ranked Lists will be in force only for a period of three months from the date of finalisation of the Ranked Lists or one month from the date of commencement of the course whichever is later.
Provided further that the Commission may take steps for the preparation of a new ranked list wherever necessary even before the expiry of the period of one year of the ranked list, by inviting applications but that the ranked list prepared in pursuance of the said notification shall be brought into force only after the expiry of the period of one year of the existing ranked list.
Provided further that a ranked list from which no candidate is advised during the period of one year from the date on which it was brought into force shall be kept in force till the expiry of three years from the said date and in a case where no candidate is advised from the ranked list till the expiry of the said period of three years, the duration of the ranked list shall be extended by the Commission for a further period of one year or till at least one candidate is advised from the list whichever is earlier.
Provided further that if the Commission is satisfied of the existence of a general ban not exceeding one and a half year in the aggregate duration declared by the Government on the reporting of vacancies, to the Public Service Commission, they shall have the power to keep alive the ranked lists which are normally due to expire during the period of the above said ban or within 7 days of the cessation of the ban, for a further period of 30 days from the date of cessation of ban. If the Commission is satisfied of the ban and its consequences they shall issue a notification keeping alive the ranked list in the above manner and shall advise candidates to the vacancies which actually arose during the normal period of validity of the ranked list and certified to be as such by the Appointing Authorities reporting vacancies to the Commission.
14. The Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit subject to the rules of reservation and rotation, wherever they are applicable.
Provided that the advice of candidates by the Commission from the ranked list kept alive under the 5th Proviso to 13 shall be confined to the vacancies that actually arose during the normal period of validity of the ranked lists under Rule 13 and certified to be as such by the Appointing Authorities reporting vacancies to the Public Service Commission.
Note: The prolongation under the 5th proviso to Rule 13 shall not be deemed to be part of the normal period of validity of the ranked list under Rule 13.
15. The ranked lists prepared by the Commission shall in the first instance be published in such manner as the Commission may deem fit and thereafter they shall also be published in the Gazette and the ranked lists shall be deemed to have come into force from the date of finalisation of the lists as indicated in the lists. The advice lists of candidates for appointment shall be published in the Gazette from time to time but such lists shall be deemed to have come into force from the date shown in the advice letter of the Commission. The candidates advised for appointment shall also be informed of such advice by the Commission.
15A. The Commission shall have the power to correct any clerical, typographical, arithmetical or other mistakes in the ranked lists. Advice lists or short lists etc. or errors arising therein from any accidental slip or omission at any time, either on its own motion or on the application of any of the parties concerned.
16. When any examination is to be held to test the proficiency of classes of Government Servants in the subjects prescribed for Departmental Examinations, the Commission shall:-
(i) Advice Government in regard to prescribing
(a) the conditions of admission to the examination;
(b) the syllabus of the Examination, and
(c) the minimum marks for a pass in the Examination;
(ii) make all arrangements for the conduct of the examination;
(iii) publish the results in the Gazette and in any other manner the Commission may deem fit.
17. (a) Applications for re-registration from candidates discharged from service for want of vacancies from common posts as contemplated in the proviso to Rule 7 in Part II of the Kerala State and Subordinate Service Rules, 1958 should be accompanied by certificates of discharge in the form prescribed by Government issued by the competent authority in the Department from which they were discharged, certifying to their service. On receipt of such applications with certificates of discharge, the names of such candidates will be re-registered by the Commission and such candidates will have a preferential claim for appointment to the post, over fresh recruits. Seniority among re-registered candidates shall be based on the date of earliest effective advice.
Note:- The term common posts occurring in the above rule means posts which are common to more than one department and which belong to the same service for which a common ranked list is prepared by the Commission.
(b) The Commission may refuse re-registration, if there is delay of over ninety days in applying for re-registration from the date of relief and the candidate is unable to prove to the satisfaction of the Commission that the delay was unavoidable and owing to circumstances beyond the control of the candidate. The Commission shall not, under any circumstance condone a delay of more than twelve months.
18. (i) The advice of a candidate made by the Commission for recruitment to any post in the service who does not join duty in the post in pursuance of the order of appointment shall, unless the Commission are satisfied that the order has not been sent to the candidate by registered post with acknowledgment due, be cancelled and his name deleted from the ranked list.
(ii) Any candidate whose name has been included in a ranked list prepared by the Commission may relinquish his claim for appointment in writing, giving his full address and signature attested by an Officer not below the rank of a Tahsildar under his seal on or before the date of receipt of requisition for advice against which he/she is to be advised. The Commission shall thereupon remove his name from the ranked list and advise another candidate according to rules. The candidate whose name has been so removed from the ranked list shall be informed of such removal by the Commission.
19. The Commission may, if and when requested by the State Government, select candidates for training for any course or for any profession or for any scholarship or stipend or for any other purpose and in such selections the Commission shall consistent with the nature of the particular selection follow as far as possible the procedure laid down in these rules.
Provided that the ranked lists prepared by the Commission in such selection shall cease to be in force after one month from the date of commencement of the training course or three months from the date of coming into force of the ranked list whichever is later.
20. In any case in which the Commission are consulted under Sub-Clause (c) of Clause (3) of Article 320 of the Constitution of India or any disciplinary matter or on any memorial or petition relating to such matter the records of the case shall be forwarded to the Commission and the advice of the Commission shall form part of the records. A copy of the letter containing the advice of the Commission or of the portion of the advice which relates to a particular officer or officers shall, unless the order passed on the case is one of acquittal be communicated to the Officer or Officers concerned along with a copy of the order of the authority empowered to pass orders on the case.
21.The Commission may, at any time, call for any record, report or information which may in their opinion be necessary to enable them to discharge their functions, from the Government or from any Head of a Department &&&&&&&&.. or other authority subordinate to the State Government or any local authority or other body corporate constituted by law or a public institution and such record, report or information shall be furnished to the Commission without undue delay by the State Government or authority concerned unless the Government certify that the same: -
(a) cannot be furnished without undue labour, or
(b) should be withheld in the public interest.
22. Candidates who are found guilty of the following items of misconduct shall be liable for disqualification for being considered for a particular post or department from applying to the Commission either permanently or for any period or the invalidation of their answer scripts or products in a written practical test or the intimation of criminal or other proceedings against them or their removal or dismissal from office or the ordering of any other disciplinary action against them if they have already been appointed, or any one or more of the above.
(i) Any attempt by or on behalf of candidates applying for selection by the Commission to influence the Chairman or any Member of the Commission or the Experts or Examiners who assist the Commission or to canvass support for their selection.
(ii) Any attempt to influence the staff of the office of the Commission to do any undue favour to them or to divulge any information which is to be kept secret until it is officially released under the Orders of the Commission.
(iii) Making of any false statement in the application Form or its Annexure or any document produced in connection with a selection or suppression of any material fact relevant to the selection from the Commission.
(iv) Production of any false or tampered document before the Commission or the tampering with any document produced before the Commission in connection with a selection after their production.
(v) Any attempt to prefer any false complaint before the Commission about a rival candidate in a selection.
(vi) Making any false allegation against the Chairman or any other Member of the Commission or any Expert or Examiner who assists the Commission or any member or Staff of the Commission in connection with a selection.
(vii) Any improper behavior in connection with any interview or examination held by the Commission.
(viii) Tampering with any answer book in an Examination conducted by the Commission or writing anything in such answer book in any manner which in the opinion of the Commission would lead to the identification of the candidate against the instructions contained in the answer book.
(ix) Any other conduct which, in the opinion of the Commission is likely to affect the fair and just selection of candidates by the Commission.
23. The Commission shall present to the Governor through the Chief Secretary to Government by the 15th July of each year a report as to the work done by the Commission during the preceding financial year as required by Article 323(2) of the Constitution of India.
24. All references made to the Commission shall be in the form of letter addressed to the Secretary.
25. The Programme of the Commission drawn up from time to time shall be deemed to be the notice for the meetings of the Commission provided that the Commission may meet at any time to transact urgent business. The agenda for a meeting shall be decided by the Chairman.
1Provided that in the normal course, the Commission will have their sitting for purposes other than interview of candidates, at least twice in a month. The first sitting will be for 3 days in the first week of every month. The second sitting will be for 2 days commencing from Monday coming after the 15th or from the first working day after the 15th of the month, if Monday happens to be a holiday.
26. Every question at a meeting of the Commission shall be determined by a majority of the votes of the Members present and voting on the question, and in case of an equal division of votes, the Chairman shall have and exercise a second or casting vote.
27. Every meeting of the Commission shall be presided over by the Chairman or in his absence by the Member appointed under Rule 32 to exercise the powers of the Chairman. The quorum for a meeting of the Commission shall be three of whom one shall be the Chairman or a Member appointed to exercise powers of the Chairman under Rule 32. If at any meeting at which any of the Members is not present there is disagreement between the Members present, the matter shall be either discussed at the following meeting when all the Members are present or if the Chairman so directs the opinion of the absentee Member shall be obtained before a final decision is arrived at.
28. The Commission may, wherever they consider necessary, authorize one or more Members of the Commission to dispose of such matter as the Commission deem fit, including interview of candidates or conduct of Examinations.
Provided that the decision taken or the selection made shall be placed before the Commission for their approval.
29. The Commission may, subject to such directions as they think fit delegate to an individual Member or to a Committee constituted from among the Members any or all of the following functions:-
(1) Arrangements and conduct of examination for recruitment.
(2) Arrangements and conduct of Departmental Examinations.
(3) Scrutiny of applications for recruitment or for admission to any examination.
(4) Concurrence for continuance of temporary appointments made under Rule 9(a)(i) of the General Rules for the Kerala State and Subordinate Services:
Provided that the Commission may add to or amend the above list.
30. The Commission may nominate a member to be the Chairman of one or more Departmental promotion Committees.
31. The proceedings of the Commission shall not be invalidated by reason of any vacancy in the office of the Chairman or any other member.
32. If the Chairman is unable to be present at a meeting of the Commission he may appoint one of the other members to act for him and the Member so appointed shall have all the powers of the Chairman at that meeting.
Provided that unless the Chairman otherwise directs, no action shall be taken upon any decision arrived at in a meeting at which he was not present until he has
been informed of such decision and upon being so informed, he may direct that any such decision shall be re-considered at a meeting at which he is present.
33. All decisions of the Commission shall be recorded in such a manner as the Commission may direct. It shall be open to any member who dissents from a decision to record his dissent and if he thinks fit also his reasons for such dissent.
34. Whenever the Commission are required to give advice or forward proposals to or to be constituted by any authority, the decision of the Commission shall be communicated in the form of a letter and in a case where the decision is not unanimous, neither the fact of nor the grounds for the dissent shall be communicated, unless the Chairman so directs.
35. The Commission may refer any matter to an individual Member or to a committee consisting of Members who may, if necessary, be assisted by any other person or persons as the Commission may appoint for consideration and report to the Commission.
36. The Chairman, or in his absence any other Member designated by him in this behalf may deal with any urgent matter appearing to him to require immediate action. Such action shall be placed before the Commission as early as possible.
37. In any matter for which no provision is made in these rules the Commission may regulate their proceedings in such manner as they think fit.
38. Repeal: - The Kerala Public Service Commission Rules of procedure issued in G.O.Ms.1297/Public Department dated 28.10.1958 are hereby repealed provided that:-
Such repeal shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken there under.
(a) Any proceedings under the said rules, notifications or orders pending at the commencement of these rules shall be continued and disposed of as far as may be in accordance with the provisions of these Rules.
39. Amendment:- The Commission shall be competent to make any amendment to these rules provided that an amendment to the provisions contained in Part I of these rules shall be made with the concurrence of the Government.
40. Savings:- nothing contained in Parts I & II of these rules shall be deemed to limit or affect the power of the Commission to make such orders as may be necessary to give effect to any of the provisions of the Constitution of India or for the proper discharge of the functions of the Commission
Provided that no such order which has an over-riding effect on the provisions contained in Part I of these rules shall be made by the Commission without the prior concurrence of the Government.