IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 27285 of 2006(W) --------------------------------------- PETITIONERS: --------------------- 1. REENA. P.B., D/O. PRABHAKARAN, PUTHEN VEEDU, KADAKKAVUR P.O., PIN-695 306. 2. PYARI P.B., D/O. PRABHAKARAN, PUTHEN VEEDU, KADAKKAVUR P.O., PIN-695 306. BY ADV. SRI.R.ANILKUMAR, ADV. SRI.P.BANI. RESPONDENTS: ----------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY SECRETARY HIGHER EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION DEPT., DIRECTORATE OF COLLEGE EDUCATION, THIRUVANANTHAPURAM. *ADDL.R4 TO R6 IMPLEADED: *4. SHEEBA SARAT. S, (RANK.NO.37), TC 28/819, KAYYALATH HOUSE, PUNNAPURAM.P.O., THIRUVANANTHAPURAM, PIN: 695024. W.P.(C). NO.27285/2006: *5. LALIMOL VARGHESE.P., (RANK NO.38), PRASANTH BHAVAN, KUZHIKKALA.P.O., PATHANAMTHITTA - 689 644. *6. HEMA.G, (OBC), KALANTHATTA, DOWN HILL.P.O., MALAPPURAM. *IMPLEADED AS PER ORDER DATED 28/09/2007 IN I.A. NO. 2722/2007. BY ADV. SRI. ALEXANDER THOMAS, SC , KPSC, ADV. SRI.SUMAN CHAKRAVARTHY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27285/2006-W: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE MAIN LISTS PUBLISHED ON 11/01/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.27285/2006 ----------------------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT Petitioners responded to a notification issued by the Public Service Commission for the post of Lecturer(Hindi). The main list included 38 candidates and in the supplementary list for Ezhavas, the petitioners were included as Sl.Nos.7 and 9. According to the petitioners, as on 16.10.2006, when the writ petition was filed, 35 candidates were advised from the main list and subsequently on 28.10.2006, the remaining 3 were also advised and these three persons have been impleaded as respondents 4 to 6. Petitioners contend that in terms of the provisions contained in Rule 17 of the KS&SSR, out of each block of 40 appointments, 11 should go to Ezhavas. According to him, even going by the affidavit filed, only 5 WP(c).No.27285/06 2 Ezhavas were appointed. It is on this basis relief is claimed by the petitioner. In the affidavit filed, in para 2, it has been stated by the PSC that in the main list 38 candidates and in the supplementary list 23 candidates were included. It is stated that 48 candidates were advised and that the rotation started from MRI 74E and the last rotation stands at MR 11 21 OC. The details of advise made as given in the affidavit, are as follows; “ Turn Rank of the last candidate advised OC - All E - 5(Supple. list) SC - All (Supple. list) M - All(Supple. list) OBC - 1(Supple. list) V - 2(Supple. list)” 2. It is stated that up to rank NO.5 in the supplementary list have already been advised and that the main list itself has exhausted. It is contended that the supplementary list cannot be operated and therefore the petitioners have no surviving claims. WP(c).No.27285/06 3 3. I am not in a position to accept the plea of the learned counsel for the petitioners that out of every 40 appointments, 11 should go to Ezhavas. Rule only provides that when appointment is made 40% seats should be reserved in the manner indicated in Rule 17. That does mean that, out of 40 every appointments 11, should go to Ezhavas. 4. In this case, there is nothing to indicate that going by the rotation that is followed by respondents anything more than what has been given is due to Ezhava candidates. On the material available, there is nothing to accept the plea of the petitioners that there has been any denial to the right of the claim to the Ezhava candidates. Writ Petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No.27285/06 4