IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WA.No. 2152 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26109/2005 Dated 02/09/2005 .................... APPELLANT: -------------- 1. MOHAMMED IBRAHIM.T., ATHANICKAL HOUSE, MEPPADAM, MAMPAD P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN-676 542. 2. SAKEENA CHERUVIL, `SHEMI BHAVAN', K.C.ROAD, THIRURANGADI, MALAPPURAM, PIN-676 306. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HIGHER SECONDARY EDUCATION DIRECTORATE, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & 2 SR GOVERNMENT PLEADER, SRI.BENNY GERVASIS FOR R3 & 4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2009, ALONG WITH WPC NO. 30230 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No. 2152 OF 2005 & W.P.(C)No.30230 OF 2005 ------------------------------ Dated this, the 10th day of August, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.A. No. 2152 OF 2005: The appellants are the writ petitioners. They were included as rank Nos.5 and 6 in the supplementary list for Muslims of the rank list published by the P.S.C. on 14.10.2004 for appointment to the post of Higher Secondary School Teacher (Zoology) Junior. Though the rank list had a life of three years, the main list exhausted on 12.7.2005. Thereafter, the said rank list cannot be operated. The petitioners moved this Writ Petition on 31.8.2005 after the exhaustion of the main list. The learned Single Judge dismissed the Writ Petition, in limine, taking the view that the point raised is covered by the judgment in W.P.(C) No.17364/2005, which was rendered relying on the decision W.A. No.2152/2005 etc. 2 of the Apex court in NSS v. District Officer, KPSC [2003(3) KLT 1126]. Feeling aggrieved by the said judgment, this Writ Appeal is filed. 2. The learned counsel for the appellant submitted that four of the candidates, who were advised by the PSC, have given relinquishment letters as per Exts.P3 to P6. In their place, if Muslim candidates were advised, the appellants stood a chance of getting advice and appointment, having regard to their rank in the supplementary list of Muslims. But, the learned standing counsel for the PSC submitted that relinquishment letters, which were issued in July and August after the exhaustion of the main list on 12.7.2005, cannot be acted upon. 3. We considered the rival submissions made at the Bar. Rule 18 of P.S.C. Rules of Procedure reads as follows: “18 (i) The advice of a candidate made by the Commission for recruitment to any post in the Service who does not join duty in the post in pursuance of the order of appointment shall, unless the Commission are satisfied that the order has not been W.A. No.2152/2005 etc. 3 sent to the candidate by registered post with acknowledgment due, be cancelled and his name deleted from the ranked list. (ii) Any candidate whose name has been included in a ranked list prepared by the Commission may relinquish his claim for appointment in writing, giving his/her full address and signature, duly attested by a Gazetted Officer of State/Central Government with signature, name, designation and office seal, on or before the date of receipt of requisition for advice based on which he/she is to be advised. The Commission shall thereupon remove his/her name from the ranked list and advise another candidate according to rules. The candidate whose name has been so removed from the ranked list shall be informed of such removal by the Commission. (iii) A candidate whose name has been included in more than one Ranked List for the same post in the Same department/Various departments finalized on the basis of the very same notification under different methods of recruitment/appointments and when such a candidate is advised by the Commission for recruitment from anyone of the aforesaid Ranked Lists, his name shall be removed from the other Ranked List/Lists.” W.A. No.2152/2005 etc. 4 Interpreting the above Rule, a Division Bench of this Court in Balakrishnan v. PSC. [1994(1) KLT 490] held as follows: “35. Original Rule 18(ii) of P.S.C. Rules of Procedure was amended with effect from 1.12.1983. As per the earlier Rule any candidate whose name has been included in a ranked list prepared by the Commission may at any time before the receipt of order of appointment relinquish his claim for appointment in writing. As per the amended rule such relinquishment is possible on or before the date of receipt of requisition for advice against the post which he is to be advised. In the instant case, C.Sivadasan relinquished his claim after the Public Service Commission received requisition from the appointing authority for his advice for appointment as Panchayat Executive Officer Gr.II. On the basis of the amended rule P.S.C. could not have entertained his request on the last date of the expiry of the ranked list. The P.S.C. rightly rejected his relinquishment.” 4. In view of the aforementioned rule and the decision of this Court, interpreting the same, no relief could be granted to the appellant. In the result, the Writ Appeal is dismissed. W.A. No.2152/2005 etc. 5 W.P.(C)No.30230/2005: The judgment in W.A.No.2152/2005 will govern this Writ Petition also. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR,JUDGE) ps