IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH DAY OF AUGUST 2011/20TH SRAVANA 1933 WP(C).No.13264 of 2011 (G) --------------------------- PETITIONER(S): ------------- 1. C.SIVANANDAN, KAYAKKAL HOUSE, PANTHEER PADAM, KUNNAMANGALAM.P.O., KOZHIKODE. 2. M.CHANDRAN, MEPPOTTAMMAL HOUSE, KUNNAMANGALAM.P.O., KOZHIKODE. 3. M.K.SADANANDAN, NAUMACHIKANDY HOUSE, PUNNASER.P.O., NARIKUNI VIA KOZHIKODE. 4. C.P.MAJEED, CHAKODI POTTAMMAL HOUSE, KUNNAMANGALAM.P.O. KOZHIKODE. 5. N.SUBRAMANNIAN, NEELANGERI HOUSE, CHERUKULATHOOR, KOZHIKODE. 6. P.LALU, PALOTH HOUSE, NAYARKUZHI.P.O., NIT VIA, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): -------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695001 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE KOZHIKODE-673001 3. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN THIRUVANANTHAPURAM-693001 BY SRI.P.C.SASIDHARAN, SC, KPSC-R1,R2 SRI.K.S.ANIL, SC, KSEB-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.13264/11 APPENDIX PETITIONER'S EXHIBITS: P1:TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST. P2:TRUE COPY OF THE NEWS ITEM PUBLISHED IN MANGALAM DAILY DATED 16.12.2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 13264 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011 J U D G M E N T The petitioners were included in Ext.P1 supplementary list of ranked list published by the Kerala Public Service Commission for appointment to the post of Electricity Worker (Mazdoor) under the Kerala State Electricity Board in pursuance of Gazette notification dated 17.5.2006 with category No.41/2006. After conducting the due selection process consisted of written test and physical test, the aforesaid rank list and supplementary lists were drawn. One of the qualifications prescribed for the post was as hereunder:- “The candidates should have passed standard IV and should not have passed standard X.” 2. This writ petition has been filed mainly with a prayer to issue a writ of mandamus or any appropriate writ, order or direction, directing the respondents to cancel the appointments given to persons to the post of Electrical Worker W.P(C).13264/11 2 (Mazdoor) in the KSEB, who have secured the same by forging the documents, as expeditiously as possible and to advise the petitioners and other eligible persons to the vacancies so available. The said prayer and the claim are founded on the allegation that persons who have passed SSLC have also been included in the list. 3. A scanning of the contentions raised in this writ petition would reveal that no specific allegations have been made by the petitioners apart from making a general statement that several persons who are included in the main list are persons who have passed S.S.L.C to substantiate the said contention. It was further contended that the main list had exhausted with the advice of the last candidate therein holding Rank No.526. 4. A counter affidavit has been filed in this writ petition on behalf of the respondents 1 and 2. It is stated therein that a total number of 718 vacancies in the aforesaid post were reported and 623 candidates were advised against those W.P(C).13264/11 3 vacancies till 27.10.2010 and while working out the rotation for 623 vacancies, the main list of the above rank list got exhausted on 27.10.2010. It is also stated therein that 95 fresh vacancies and 8 NJD vacancies are pending to be filled. When once a main list is exhausted, its supplementary list cannot have an independent existence, going by the dictum laid down by the Hon'ble Apex Court in a decision reported in Nair Service Society v. District Officer, Kerala Public Service Commission(2003(3)KLT 1126). In view of the aforesaid reason, there can be no question of operating Ext.P1 supplementary list since 27.10.2010, the date on which the main list had exhausted. With respect to the general statement in the form of an allegation regarding inclusion of persons who have passed S.S.L.C in the ranked list, it has been stated in the counter affidavit as hereunder:- “8.It is submitted that the genuinity of the documents produced by the candidates have been verified by the concerned officers at the time of original document verification. Only those candidates who were qualified as per qualifications prescribed were considered for inclusion in the Ranked List. The Commission have received complaints from certain quarters that candidates who passed SSLC had found place in the Ranked List. The certificates of such candidates were verified W.P(C).13264/11 4 and found that the complaint is not true to the facts. 9.The petitioners have not pointed out any specific instances of persons included in the Ranked List who are ineligible for such inclusion. The inclusions of candidates were made after evaluating their merit in the Written Test and Physical Test and after verification of original certificates. The petitioners have made sweeping remarks that candidates who are ineligible are added in the Ranked List. The Commission cannot make any roving enquiry in the matter on the basis of such unfounded sweeping allegations. The Commission had conducted enquiries in the specific complaints received and appropriate action has been taken on such matters. Being a constitutional functionary, it is submitted before this Hon'ble Court that Commission is committed to recruit best and eligible candidates from among the unemployed after following all the mandatory requirements.” I do not find any objectionable or inequitable statement in the above extracted portion of the counter affidavit. I have already observed that the allegation made by the petitioners are too vague and it is only a general statement. In such circumstances, this Court can only accept the statements made by the Kerala Public Service Commission. That apart, admittedly, the main list had exhausted with the advice of the candidate with Rank No.526. When that be the position, there can be no doubt at all that the candidates included in the main W.P(C).13264/11 5 list were already advised and almost all of them must have been joined the service. Therefore, without such persons, if any, who passed S.S.L.C and against whom the allegation of forgery of documents is made, in the party array, the petitioner cannot press for a general direction, as sought for, and it cannot be granted at all. In the circumstances, this writ petition is liable to fail and accordingly, it is dismissed. (C.T. RAVIKUMAR, JUDGE) jma W.P(C).13264/11 6 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P(C).13264/11 7