IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 6001 of 2007(M) --------------------------------------- PETITIONER(S): ------------------------- JESLIN JAMES, S/O.CHACKO, AGED 35 YEARS, RESIDING AT PODIPARA HOUSE, KACHIYAR VILLAGE, UDUMPANCHOLA TALUK, THOPPIPPALA P.O., IDUKKI DISTRICT. BY ADV. MR.JOICE GEORGE RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOAM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, IDUKKI, THE KERALA PUBLIC SERVICE COMMISSION, KATTAPPANA P.O., IDUKKI DISTRICT. R1 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R2 & R3 BY ADV.MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6001/2007 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DTD. 31/12/2005 INVITING APPLICATIONS TO THE LOWER DIVISION TYPIST. EXT.P2: COPY OF THE ADMISSION TICKET ISSUED BY THE 3RD RESPONDENT DISTRICT OFFICER, IDUKKI OF THE KERALA PUBLIC SERVICE COMMISSION. EXT.P3: COPY OF THE SHORT LIST PUBLISHED DTD. 11/01/2007 FOR THE POST OF LD TYPIST FOR SELECTING THE CANDIDATE FOR APPOINTING AS LD TYPIST IN IDUKKI DISTRICT. EXT.P4: COPY OF THE COMMUNICATION DTD. 05/12/2007 ISSUED BY THE INFORMATION OFFICER OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- W.P.(C) No.6001 of 2007 ----------------------------------------- Dated: APRIL 7, 2009 JUDGMENT The petitioner is an applicant for the post of LD Typist in Idukki District. The writ petition was mainly filed challenging the method adopted by the PSC in finalysing the ranked list. Now the issue is covered by the judgment of a Full Bench of this Court in Ravidas M and another v. KPSC and others - 2009 (2) KHC 10. The Full Bench has declared that the Public Service Commission has no power to fix a cut off mark in the absence of anything in the notification or in the Rules. But the methods adopted by the Commission by adopting the marks obtained by the last candidate in accordance with the assessment of vacancies have been upheld by the Full Bench also. 2. In the light of the directions issued by the Full Bench, the writ petition is disposed of in the following manner:- The petitioner will file a detailed representation before the Secretary, Kerala Public Service Commission within a period of three weeks from today stating the W.P.(C) No.6001 of 2007 : 2 : various aspects to be enquired into. The representation thus filed will reflect the notified vacancies, if any, the number of arising vacancies and the total number of candidates who have been included in the main list. The Secretary, Public Service Commission will hear the petitioner after issuing due notice and will take appropriate decision in the matter and communicate the same within a further period of six weeks. 3. The learned counsel for the petitioner submitted that in the main rank list only 61 candidates alone have been included whereas 65 vacancies were existing as on that date. The said aspect also will be considered while taking a decision on the representation. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR JUDGE mt/-