IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 3157 of 2009(A) --------------------------------- PETITIONER(S): ----------------------- SHIVASHANKARA P.,AGED 32 YEARS, S/O.RAMACHANDRA SHETTIGAR,JODUKALLU HOUSE, P.O. KAYYAR, (VIA)UPPALA-671322,KASARAGOD DISTRICT BY ADVS. MR.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. R1 & R3 BY GOVT. PLEADER SMT.M.R.SREELATHA R2 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, ALONG WITH WPC NO. 24209 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3157/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST TO THE POST OF LECTURERR (KANNADA) ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE LETTER DTD.2.12.08 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P3:- COPY OF THE REPLY DTD. 18.12.08 OF THE 2ND RESPONDENT TO THE PETITIONER. TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 3157/2009-A & 24209/2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2009. JUDGMENT These two writ petitions concern a common question and therefore, they are disposed of by a common judgment. 2. In Writ Petition No.3157/2009, the petitioner responded pursuant to the notification dated 29.3.2005 for appointment to the post of Lecturer (Kannada). Thereafter, he appeared for the written test and interview and in the ranked list published, the petitioner stood as rank No.9. He belongs to OBC (Salian). The petitioner points out that on the basis of the ranked list, the respondents have already appointed six candidates as on the date of filing of the writ petition. It is the case of the petitioner that no candidate from Latin Catholic community is available and therefore the petitioner ought to have been considered for appointment. Accordingly, challenge is made against Ext.P3 reply given by the Public Service Commission. 3. In Writ Petition No.24209/2009, the petitioner is a candidate included in the ranked list published by the Commission for the post of Part Time H.S.A. (Arabic) in Kannur District. He is rank No.13 in Ext.P1 wpc 3157 & 24209 of 2009 2 ranked list. Persons upto Rank No. 11 from the said list have already been advised and appointed. Thereafter, nobody was advised and appointed. According to the petitioner, four vacancies are kept unfilled saying that they are N.C.A. turns due to other communities having reservation benefits. The main relief sought for in the writ petition is to direct respondents 2 and 3 to complete the process of re-notification with respect to two vacancies due to Other Backward Communities and one vacancy due to ST and to fill up those vacancies by inducting candidates included in Ext.P1 ranked list. 4. In the counter affidavit filed in W.P.(C) No.3157/2009 by the Public Service Commission, it is averred that the existing N.C.A. vacancy is for Latin Catholic community. As per the amended Rule 15(a), the NCA selection process shall be initiated for each non-available community for three times, i.e. one NCA notification and two NCA re-notifications if no valid applications are obtained on such notification. Only after issuing NCA notification for each community for three times, if no candidate is available, those vacancies could be passed over to Other Backward Communities. In para 6 of the counter affidavit, it is explained that NCA notification was published in the Gazette dated 30.4.2007 for the vacancy of L.C. As no eligible candidates were obtained, the post was renotified in the wpc 3157 & 24209 of 2009 3 Gazette dated 13.8.2008. No suitable candidates were obtained in this notification also. Hence, the Commission has decided to renotify the post for the second time and it will be issued shortly as per the conditions laid down in the Government order. 5. In the counter affidavit filed in W.P.(C) No.24209/2009, it is explained that steps for setting in motion the NCA selection process are being taken in consonance with the amended Rule 15(a). There are three NCA turns, viz. two OBC turns and one ST turn which have been notified for NCA selection process as per notification dated 13.4.2009. It is also explained that the Commission cannot be compelled to fix a time frame for the NCA selection process and the Commission will always endeavour to discharge its heavy work with all seriousness and sincerity. 6. As pointed out by the learned Standing Counsel for the Commission, there cannot be any specific time limit which the Commission should be asked to complete the selection process. All that the petitioners press for, is an expeditious action on the part of the Commission to complete the statutory formalities. Therefore, the writ petition is disposed of with a direction to the Public Service Commission to expedite the process of issuing NCA wpc 3157 & 24209 of 2009 4 notifications and take appropriate consequential action in accordance with rules. In the light of the grievances raised by the petitioners, the Commission will see that the process will be completed without any avoidable delay. No costs. (T.R. Ramachandran Nair, Judge.) kav/