IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 31ST JULY 2007 / 9TH SRAVANA 1929 WP(C).No. 18227 of 2007(T) --------------------------------------- PETITIONER: -------------------- SUMAYA .S., D/O.K.L.SHAHUL HAMEED, SUMAYA MANZIL, NORTH MIYIAKKADU, KANANNALLOOR, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: ------------------------- 1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE C0MMISSION, DISTRICT OFFICE, KOLLAM. Addl. R3. THE DEPUTY DIRECTOR, DEPARTMENT OF EDUCATION, KOLLAM (Additional respondent impleaded as per order in I.A.8217/06 dated 19.6.07) BY GOVERNMENT PLEADER SRI.A.J.VARGHESE SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18227 of 2007(T) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the rank list dated 19.12.2006. Ext.P2: True copy of the advise memo dated 16.3.2007. // True copy // P.A.to Judge jes A.K.BASHEER, J. ----------------------------------------------- W.P.(C)No.18227 OF 2007 ---------------------------------------------- Dated this the 31st day of July, 2007 JUDGMENT Petitioner was enlisted in the Ranked list published by the Kerala Public Service Commission for selection to the post of High School Assistant (Physical Science) (Malayalam Medium) in Kollam district. Subsequently, petitioner had received Ext.P2 advice memo dated March 16, 2007. Petitioner has filed this writ petition praying for a direction to the respondents to issue order of appointment pursuant to Ext.P2 memo, since according to her there is no justification for the delay in giving her appointment. 2. In the counter affidavit filed by the Commission, it is averred that Ext.P2 memo happened to be issued because of an oversight or mistake. In fact, the turn against which the petitioner was issued advice memo had to go to a Scheduled Tribe candidate. Petitioner who is a Muslim candidate is not entitled to get the above turn. Therefore, the Commission has already requested the department to return the identification certificate. The Commission proposes to cancel the advice. W.P.(C)No.18227 OF 2007 :: 2 :: In view of the above, I am afraid the petitioner is not entitled to get any relief in this writ petition. It is accordingly dismissed. A.K.BASHEER, JUDGE jes