IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WA.No. 1476 of 2005() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.915/1999 DATED 16/03/2005 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. UNNIKRISHNAN C.P., PANDIYATTIL HOUSE, VALAMBUR P.O., MALAPPURAM DISTRICT. 2. SUDHIR SANKAR, ESKAY HOUSE, IRUMBAZHI P.O., MALAPPURAM DISTRICT. BY ADV. SMT.V.P.SEEMANDINI (SR.) SMT.K.P.GEETHA MANI SMT.T.B.REMANI RESPONDENTS/RESPONDENTS --------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, TRIVANDRUM. 2. THE DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM, REP. BY DISTRICT OFFICER. 3. DIRECTOR OF ANIMAL HUSBANDARY DEPARTMENT TRIVANDRUM. 4. THE DISTRICT ANIMAL HUSBANDARY OFFICER, MALAPPURAM. 5. STATE OF KERALA, REP. BY SECRETARY, MINISTRY OF ANIMAL HUSBANDARY, TRIVANDRUM. GOVERNMENT PLEADER SRI.K.SANDESH RAJA FOR R3 TO R5 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.1476 of 2005 ------------------------------------- Dated 28th November, 2008 JUDGMENT Koshy,J . Appellants/petitioners applied for appointment to the post of “Live Stock Inspectors” in Malappuram District, pursuant to Ext.P5 notification published by the Public Service Commission. Petitioners applied in general quota as well as Ex-servicemen quota. Petitioners were selected by Ext.P2, list reserved for Ex-servicemen quota. That list was finally published only on 27.7.1998. It is true that the petitioners approached this court after expiry of the first list. Contention of the petitioners is that the second list regarding Ex-servicemen quota was published only in 1998. That list will be alive for three years from that date and, therefore, that list was alive and there were vacancies. Contention of the Public Service Commission that it will be treated as a supplementary list and it will exhaust with the expiry of main list cannot be accepted. It is a separate list prepared for Ex-servicemen and it will be valid for three years from the date of publication of the list. But, at the same time, rank list for Ex-servicemen can be considered only for the quota reserved for Ex-servicemen. According to the Public Service Commission, only 10% of the cadre strength is fixed as the quota W.A.1476/2005 2 reserved for Ex-servicemen and already 19 persons were appointed and, therefore, from that list, even if valid at the time of filing of the writ petition, further appointment cannot be made as Ex-servicemen quota was fully exhausted. Therefore, petitioners cannot claim benefit from the Ex-servicemen quota further. In the above circumstances, we dismiss this writ appeal. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks