IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 RP.No. 463 of 2009(H) --------------------- AGAINST THE JUDGEMENT IN WPC.11831/2006 Dated 27/02/2009 .................... REVIEW PETITIONER(S): PETITIONERS --------------------------------- 1. GODWIN RODRICKS,KADAVATHUPARAMBIL HOUSE, DOWN BAZAR,MANANTHAVADY,WYNAD DISTRICT-670645. 2. M.R.NELSON,MAROTTIPARAMBIL HOUSE, THURUTHIPURAM.PO,KODUNGALLOOR VIA,ERNAKULAM DISTRICT-680667. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM.PO,THIRUVANANTHAPURAM,REP.BY ITS SECRETARY. 2. THE CHAIRMAN,KERALA PUBLIC SERVICE COMMISSION,PATTOM.PO,THIRUVANANTHAPURAM. 3. GOVERNMENT OF KERALA REP.BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. SHIBU.P.L,THUNDUNILAKATHU HOUSE, DTHIYOOR,BALARAMAPURAM.PO, THIRUVANANTHAPURAM-695501. 5. NIJUMON.S,VALIYAYYATH HOUSE, NEAR PARAMBIMUKKU,VADAKKUMTHALA EAST.PO, KARUNAGAPPALLY,KOLLAM-690586. R1 & R2 BY STANDING COUNSEL SRI. ALEXANDER THOMAS. R3 BY SR. GOVT. PLEADER SRI. BENNY GERVASIS. R4 BY ADV. SRI. M. SREEKUMAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY ALONG WITH WPC No.11831/06 DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. ------------------------------------ R.P. No.463 of 2009 & W.P(C). No.11831 of 2006 ------------------------------------ Dated, this the 24th day of June, 2009 JUDGMENT Balakrishnan Nair, J. R.P. No.463 of 2009: Heard. The Review Petition is allowed and the writ petition is restored to file. W.P.(C) No.11831/06: By consent of the learned counsel appearing for the parties, the writ petition was heard. 2. The writ petitioners belong to Anglo Indian community. They were included in the rank list published by the P.S.C. for the post of Excise Inspector . Their position was in the supplementary list for Anglo Indians. The said list was published on 18.3.2004 and it expired on 17.3.2007. Since the petitioners were not advised, though according to them their turn arose, this writ petition was filed seeking the following relief: “a) issue a writ in the nature of mandamus or such other writ, order or R.P.No.463/09 & - 2 - WPC No.11831/06. direction commanding the 1st respondent to make necessary correction in the list published for appointment to the post of Excise Inspector by placing candidate belonging to Anglo Indian community in the slots ear-marked for SIUC and Hindu Nadar candidates”. 2. The above prayer is plainly untenable for the following reasons:- (1) In view of the decision of the Division Bench in Hindu Nadar Corporation v. State of Kerala, 2000(3) KLT 740, SIUC Nadar has to be segregated from Hindu Nadar and put separately. Later, SIUC Nadar was taken from Hindu Nadar and included among OBC. (2). Later, pursuant to an interim order of the Apex, the SIUC Nadar was put along with Anglo Indian Community and allotted turn 38 in the 100 point roster. 3. In view of the said developments, which came into being pursuant to the judgment of the Division Bench of this Court and the order of the Apex Court, the relief sought R.P.No.463/09 & - 3 - WPC No.11831/06. for by the petitioners to put the candidates of Anglo Indian community in the slots earmarked for SIUC Nadar and Hindu Nadar cannot be granted. At present, there is no common slot for SIUC Nadar and Hindu Nadar. Therefore, the writ petition fails and it is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- M.L. JOSEPH FRANCIS, JUDGE. DK. (True copy)