IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 34704 of 2010(K) -------------------------- PETITIONER: -------------- DHANYA V.MUKUNDAN, TC 15/1109, MRA-160,ELANKAMAN LANE,VANCHIYOOR PO, THIRUVANANTHAPURAM695 035. BY ADV. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT,DEPT. OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM 695 001, REP.BY ITS SECRETARY. 3. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM 695 001. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.34704 Of 2010 ----------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition is filed by the petitioner challenging the exclusion of his name from Exhibit P4 final ranked list published by the Public Service Commission for appointment to the post of High School Assistant(Social Science-Malayalam Medium). The name was excluded on account of variation in address in the SSLC Book and the non-creamy layer certificate produced by the petitioner. 2. In the counter affidavit filed by the Public Service Commission, it is pointed out that the Commission considered the matter and has ordered to include her in the ranked list as Rank No.56A vide addendum notification dated 8.12.2010. It is further pointed out that the petitioner has been ranked correctly in terms of the marks obtained, between rank Nos.56 and 57. A copy of the addendum notification is produced as Exhibit R2(a). It is also averred in paragraph No.3 that while ranking the petitioner as rank No.56A, the benefit of reservation was not granted. But, later the petitioner on 10.12.2010 produced an identification W.P.(C)No.34704/10 -2- certificate authorised by the Analyst Gr.II, Drugs Testing Laboratory, Thiruvananthapuram and the issue regarding grant of communal reservation to the petitioner was again examined. The Commission accordingly decided to grant communal reservation to the petitioner for the above selection and hence issued another erratum notification dated 7.1.2011 awarding the benefit of Ezhava reservation to her in the said ranked list and a true copy of the entry has been produced as Exhibit R2(b). 3. In paragraph No.4 of the affidavit it is pointed out that till date 26 vacancies have been reported for the above post and advises have been made against 25 vacancies and one vacancy in the advise turn of MR V 60 N has been kept pending for Hindu Nadar turn. The rank of the last ranking OC candidate advised is Rank No.15 and the rank of the last ranking Ezhava candidate is rank No.30. It is pointed out that the above said advises have been made on 20.12.2010 and the turn of the petitioner for rank No.56A has not arisen for advice. 4. Evidently, therefore, the grievance of the petitioner has been met by the proper inclusion of the petitioner in the ranked list. W.P.(C)No.34704/10 -3- 5. The learned counsel for the petitioner submitted that the petitioner has not received the copy of the OMR answer sheet applied for by her. Since that is not a matter raised in this Writ Petition, I am not issuing any direction in that regard. If such an application is pending, the Commission will take appropriate action in accordance with the relevant procedures and the Rules. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge