IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 14879 of 2008(U) -------------------------------- PETITIONERS: ---------------- 1. MANJU K., 'SARAS', NEAR MARKET JUNCTION, MAYYANADU P.O., KOLLAM, PIN-691 303. 2. JULIE D.M., JULIE NILAYAM, CHENNANPARA, VITHURA P.O., PIN-695 551. 3. SYAM KUMAR S., 'MEENAKSHI', ALTHARAMOODU, KADAKKAL P.O., KOLLAM, PIN-691 536. 4. RAJANI G.R., MOOLAYIL HOUSE, PARAYATHUKONAM P.O., MAMOM, ATTINGAL, THIRUVANANTHAPURAM, PIN-695 104. 5. SHEREENA RANI G.B., SANTHOSH VIHAR, GRA A-12, BETHANY LANE, GANDHIPURAM, CHAVADIMUKKU, SREEKARIYAM P.O., THIRUVANANTHAPURAM, PIN-695 017. 6. SHEEBA M., ELICOTTUKONAM, MULAMUKKU, NEDUMANGADU P.O., THIRUVANANTHAPURAM, PIN-695 541. 7. PREETHI M.S., MATTATHIL GURUVIHAR, PEROORKKADA P.O., THIRUVANANTHAPURAM, PIN-695 005. 8. SMITHA R. JANARDHANAN, SMITHA BHAVAN, KARIKKAPOYKAIL, KOTTUKKAL, KOLLAM, PIN-691 519. WP(C).No. 14879/2008 ...2... 9. BIJU S., KUNNIL VEEDU, PUTHUSSERIMUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM, PIN-695 605. 10. M.K. SONI, ASHA NIVAS, KORANI, EDACKODU P.O., KIZHUVILAM (VIA), ATTINGAL, PIN-695 104. 11. SURESH KUMAR J., NAGACHERI VEEDU, KALLAMAM, PANNIYODE P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 575. 12. RAJANY O., 'THEJUS', KATTAKODU P.O., KATTAKADA, THIRUVANANTHAPURAM, PIN-695 572. BY DR.GEORGE ABRAHAM, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY MR.ALEXANDER THOMAS,SC,KPSC FOR R2 & R3. BY MR. MUHAMOOD T.T., GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14879/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE RANK LIST OF HIGHER SECONDARY SCHOOL TEACHERS (MALAYALAM) PUBLISHED BY THE PUBLIC SERVICE COMMISSION. EXT. P2 : COPY OF JUDGMENT OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL No.4587/06 FILED BY THE KERALA PUBLIC SERVICE COMMISSION. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14879 OF 2008 --------------------------------------- Dated this the 2nd day of June, 2009. J U D G M E N T The petitioners are all included in the rank list prepared by the Public Service Commission for the post of Higher Secondary School Teacher (Malayalam). The notification was published by the P.S.C on 14.11.2005. Mainly it is contended that the cut off mark fixed by the P.S.C is arbitrary. It is also pointed out that the Commission finalized the selection process and Exhibit P1 was brought into force with only 45 candidates in the main list. At the same time the Commission included 119 candidates in the supplementary list. 2. A Full Bench of this Court by judgment dated 16.03.2009 in W.P.(C)No.11916 of 2005 and connected cases has considered various similar questions raised by other candidates. The question was whether the PSC has the authority to prescribe cut off marks and in the absence of it what should be the method to be adopted. W.P.(C) No.14879/2008 2 3. In the said judgment, it was declared that in the absence of any provision in the Rules or in the Notification, the Commission is not empowered to fix a cut off mark. At the same time it was held that the Commission can adopt other valid methods while preparing the short list. Therefore, such methods adopted by the PSC have been upheld by the Full Bench in the particular facts of certain cases, which were disposed of. 4. In the light of the directions issued by the Full Bench, this writ petition is disposed of in the following manner: a) The petitioners will file appropriate representation before the Secretary of PSC regarding the claims in respect of the respective notifications and the objections therein in regard to the methods adopted by the PSC. Appropriate representations shall be filed within a period of three weeks from today. b) The petitioners will produce the materials they rely upon along with the representations to be filed. The petitioners will be granted a personal hearing in the matter, and accordingly any one of the petitioners will be allowed an opportunity for personal hearing on such dates duly intimated by the Secretary. The hearing W.P.(C) No.14879/2008 3 can be conducted by the Secretary himself or by any other Senior Officer authorised for that purpose by the Secretary. After considering the claims and objections raised by the petitioners, the matter will be considered in the light of the directions issued by the Full Bench and the legal position declared thereon within a further period of eight weeks from the date of receipt of a copy of the representation. In the light of the fact that the PSC has been directed to consider the objections or claims in respect of the case, it is made clear that this Court is not expressing anything on the merit of the matter. The contentions raised herein are therefore left open. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp