IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 2902 of 2008(U) ------------------------------------- PETITIONER: ------------------- KUMARAN V.M., VADUVANNA HOUSE, KUTTANASSERY P.O., THIRUVAZHIYODE (VIA), PALAKKAD DISTRICT. BY ADV. SMT.P.V.ASHA. RESPONDENTS: ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. 2. TAHSILDAR, OTTAPPALAM, PALAKKAD DISTRICT. R1 BY MR. ALEXANDER THOMAS, SC, KPSC, R2 BY SPL. GOVT. PLEADER MR. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2902/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. GRIIA(1)46946/05/GW DTD. 31/08/07 OF PSC. EXT.P.2: COPY OF THE CERTIFICATE DTD. 29/09/07 ISSUED BY R.2. EXT.P.3: COPY OF THE RELEVANT PORTION OF THE SSLC BOOK OF PETITIONER. EXT.P.4: COPY OF THE CALL LETTER DTD. 28/11/07 OF PSC. EXT.P.5: COPY OF THE CERTIFICATE DTD. 17/12/07 ISSUED BY R.2. EXT.P.6: COPY OF THE EXTRACT OF ADMISSION REGISTER IN RESPECT OF PETITIONER'S FATHER. EXT.P.7: COPY OF THE RELEVANT PORTION OF THE RANKED LIST FOR APPOINTMENT AS HSST ECONOMICS. EXT.P.8: COPY OF THE RELEVANT PORTION OF THE RANKED LIST FOR APPOINTMENT AS HSST (JUNIOR) ECONOMICS. EXT.P.9: COPY OF THE ADVICE CHART FOR APPOINTMENT AS HSST (JUNIOR) ECONOMICS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.Ravindran, J. ================== W.P.(C) No.2902 of 2008 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. P.V.Asha, the learned counsel appearing for the petitioner, Sri. Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission and Smt. T.B.Remani, the learned Government Pleader appearing for the second respondent. 2. The petitioner was an an applicant to the post of Higher Secondary School Teacher in Economics and Higher Secondary School Teacher (Junior) Economics. The petitioner belongs to Mannan Community which is recognised as Scheduled Caste in the State of Kerala. However, in the S.S.L.C. book of the petitioner his cast stratus is shown as Peruvannan. This disparity was noticed when the petitioner was called for interview as per Ext.P1 memo dated 31.8.2007 for appointment to the post of Higher Secondary School Teacher in Economics and on 28.11.2007 when he was called for interview for appointment to the post of Higher Secondary School Teacher (Junior) Economics. This Writ Petition was thereupon filed. This Court directed the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, to consider the petitioner's candidature as a Scheduled Caste Community and include him in the ranked list accordingly provisionally and subject to the result of this Writ Petition. WP(C) 2902/08 -: 2 :- Thereupon the Commission directed the petitioner to produce gazette notification regarding the caste status and informed him that he will be allowed to participate in the interview only if he gives an undertaking to the effect that his name need not be included in the ranked list, if he does not produce the gazette notification regarding his caste status within one one week. The petitioner states that he thereafter applied and obtained Ext.P2 caste certificate and produced before the Commission. Ext.P2 caste certificate discloses that the petitioner belongs to Hindu Mannan Community. The said certificate was issued for the purpose of proving the caste status of the petitioner in the gazette. However, due to delay, the gazette notification could not be published. However, the officers in the Government press declined to publish such a notification. This Writ Petition was thereupon filed. By an interim order passed by this Court the petitioner was provisionally interviewed and Ext.P7 ranked list for the post of Higher Secondary School Teacher (Economics) and Ext.P8 ranked list for the post of Higher Secondary School Teacher (Junior) Economics were prepared and published. In Ext.P7 ranked list, the petitioner is rank No.2 in the supplementary list of Scheduled Caste and in Ext.P8 ranked list, the petitioner is rank No.47 in the main list. When this Writ Petition came up for hearing, the learned counsel for the petitioner submitted that all the candidates ranked below the petitioner in Ext.P8 have been advised and that the last candidate advised in the open competition turn is rank No.58. The learned counsel WP(C) 2902/08 -: 3 :- for the petitioner submits that the petitioner ought to have been advised at least as an open market candidate even if his caste status is in dispute. In my opinion, the Commission ought to have advised the petitioner as open merit candidate. The learned standing counsel appearing for the Commission submits that the Commission is prepared to advise the petitioner as open merit candidate. The Commission is prepared to recognise the petitioner as a candidate belonging to Scheduled Caste Community and that the petitioner is dispensed with the stipulation that the caste status will be published in the official gazette. 3. In these circumstances, I dispose of this Writ Petition with the following directions: (i) The Commission shall if the petitioner's turn for advice as per the rank in Ext.P7 has arisen, advise him for appointment against the next arising vacancy. (ii) If any candidate below the petitioner is advised from Ext.P8 ranked list, the petitioner shall be advised against the next arising vacancy. (iii) In the event the petitioner being advised, he will be given the benefit of . . . . . . This shall be done without disturbing the advises already made. P.N.Ravindran, Judge. ess