IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 14258 of 2008(V) -------------------------- PETITIONER: ------------ J. VENUNATHAN PILLAI S/O.JANARDHANAN PILLAI, L.D.TYPIST OFFICE OF THE JUDICIAL 1ST CLASS MAGISTRATE-II PEERUMEDU, IDUKKI DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.K.V.ANIL KUMAR RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, KOLLAM. 3. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, IDUKKI. BY STANDING COUNSEL ADV.SRI.ALEXANDER THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.14258 of 2008 -------------------------- Dated this the 8th July, 2008 J U D G M E N T Petitioner is presently working as L.D. Typist in the office of the Judicial First Class Magistrate-II Perumedu in Idukki District with effect from 27.2.2008. Petitioner originally joined as Watchman in the Agricultural Department. He requested for a category change and was posted as Peon in the Directorate of Agriculture. While so, pursuant to Exhibit-P1 notification issued by the Public Service Commission for the post of L.D. Clerk in various departments, petitioner applied both for appointment by transfer in Kollam District and for direct recruitment in Idukki district. Apparently, enforcement of the rank list in Kollam district was stayed by this Court, according to the petitioner. In the meanwhile, petitioner was advised for appointment by direct recruitment in Idukki district where he joined. Stay on the enforcement of the rank list for the purpose of advising candidates in W.P ( C) No.14258 of 2008 2 Kollam district was lifted. According to the petitioner, he would have been advised if he had not been advised in Idukki district as such. Petitioner has approached this Court seeking a direction to the Public Service Commission to issue a memo of advice by enforcement of the rank list in Kollam District, ignoring as it were the advice already effected in favour of the petitioner in Idukki District by direct recruitment. 2. I heard learned standing counsel for the Public Service Commission also. He brings to my notice sub rule (iii) of Rule 18 of the Kerala Public Service Commission Rules of Procedure, which reads as follows: “(iii) A candidate whose name has been included in more than one Ranked List for the same post in the same department/Various departments finalized on the basis of the very same notification under different methods of recruitments/appointments and when such a candidate is advised by the Commission for recruitment from anyone of the aforesaid Ranked Lists, his name shall be removed from the other Ranked List/Lists” 3. A reading of the aforementioned rule will show that the conditions required to be satisfied for operation of the sub rule are there must be more than one rank list for W.P ( C) No.14258 of 2008 3 the same post in the same department or various departments emanating from the same notification and the rank list must be in relation to different methods of recruitment/appointments. In such circumstances, where a candidate is advised by operation of any one of rank lists, it results in the removal of his name from the other rank list. In the present case when the petitioner was advised from the rank list for direct recruitment in Idukki district, it resulted in the removal of his name from the rank list for appointment by transfer in Kollam district. This is by operation of rule having the force of law. Obviously, the Public Service Commission is also bound by the same. In the result, I do not find any merit in the writ petition and accordingly it is dismissed. (V.GIRI, JUDGE) ma W.P ( C) No.14258 of 2008 4 W.P ( C) No.14258 of 2008 5