IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 31301 of 2010(K) -------------------------- PETITIONER(S): --------------- SURESH BABU.P., PATTIPARAMBATH HOUSE, PERUMUDIYOOR PO, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN 678 104. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN – 695 004. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD, PIN 678 101. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4,5 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31301 of 2010 --------------------------------------------- Dated this the 29th day of October, 2010 JUDGMENT The petitioner, who belongs to Hindu-Kanakkan community, a scheduled caste, was included in Exhibit P2 ranked list dated 26.6.2004 for selection to the post of High School Assistant (Hindi) in Palakkad District. It is stated that though the ranked list was valid only till 25.6.2007, due to ban on appointment, the ranked list had not operated during considerable period of its validity. However, during the period of currency of Exhibit P2 ranked list, 29 vacancies of HSA (Hindi) were reported to the Kerala Public Service Commission. According to the petitioner, one more vacancy could be filled up by advising one scheduled caste candidate. It is also stated that the other scheduled caste candidates included in the ranked list did not join duty and therefore, the petitioner is entitled to be appointed in the available vacancy earmarked for scheduled caste candidate. 2. The reliefs prayed for in the Writ Petition is to issue a WPC No. 31301/2010 2 writ of mandamus commanding respondents 4 and 5 to advise the name of the petitioner for appointment as HSA (Hindi) in one of the vacancies earmarked for scheduled caste communities and to direct the third respondent to appoint the petitioner. 3. A statement dated 27th October, 2010 was filed by the Under Secretary of the Kerala Public Service Commission, Regional Office, Ernakulam. For the sake of convenience, paragraphs 2 and 3 of the affidavit are extracted below : “2. It is submitted that the prayers of the petitioner for advise and appointment against a SC reserved turn vacancy from the ranked list dated 26.6.2004 for the post of HSA (Hindi) Palakkad District is barred by long delay and latches. The ranked list in question was finalised on 26.6.2004 and advises were duly made from that list as against vacancies reported during the currency of that list. The said ranked list expired on 26.6.2007 after completing its maximum validity period. The petitioner who is included in the SC supplementary list of that ranked list could not be considered for advise as his turn for advise had not arisen during the operation of the said WPC No. 31301/2010 3 list. The present prayers of the petitioner sought to be raised by this W.P.(C) filed as late as on 12.10.2010 is thus barred by latches and long delay. 3. It is further submitted that the ranked list finalised on 26.6.2004 was cancelled with effect from 26.6.2007. A total number of 29 candidates were advised for recruitment to the post during the currency of the ranked list. Altogether 93 candidates were included in the main list of the ranked list. The rotation started from MR II 36 M and ended at MR II 69 OC, while effecting advises from the above ranked list. In this connection, it may also be noted that one SC candidate was advised against the open competition turn, MR II 47 OC and one SC candidate was advised against an SC reserved turn of MR II 52 SC. The reserved turns of 64 SC, 66 M and 68 LC had to be kept as TPO turns in order to comply with the 50% Rule and hence advices could not be effected during the operation of the above ranked list. Four SC candidates in the main list of the ranked list with rank numbers 42, 48, 57 and 58 were not advised for appointment. The petitioner is only included in the SC supplementary list with Rank No.1 and so his WPC No. 31301/2010 4 turn had not arisen for advice against vacancies reported during the currency of the list. Thus the contentions of the petitioner are without any substance and the prayers of the petitioner are liable to be rejected.” 4. In view of the facts disclosed in the affidavit, I am of the view that the petitioner is not entitled to the reliefs prayed for in the Writ Petition. The averments made in the affidavit filed on behalf of respondents 4 and 5 explain the facts, which would disentitle the petitioner to get the reliefs. For the aforesaid reasons, the Writ Petition is dismissed. K.T.SANKARAN JUDGE csl