IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 23557 of 2006(D) -------------------------------------- PETITIONER: ------------------- NASEERA BEEGAM B., AGED 31, W/O.ZIRAJUDEEN, ZIL-ZILA HOUSE, MANGARAM, KONNI.P.O., PIN-689 691, PATHANAMTHITTA. BY ADV. MR.V.PHILIP MATHEWS. RESPONDENTS: ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R1 BY MR.ALEXANDER THOMAS,S.C,K.P.S.C, R2 & R3 BY GOVT. PLEADER MR. DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23557/2006-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MALAYALA MANORAMA DAILY DTD. 29/10/2004 CONTAINING THE PSC NOTIFICATION TO THE POST OF VOCATIONAL TEACHER (AGRICULTURE). EXT.P.2: COPY OF THE P.S.C. BULLETIN DTD. 01/02/2006 CONTAINING THE SHORT LIST PREPARED BY THE R.1. TO THE POST OF VOCATIONAL TEACHER (AGRICULTURE). EXT.P.3: COPY OF THE MATHRUBHUMI THOZHILVARTHA DTD. 25/03/2006 CONTAINING A COMPLAINT FROM A CANDIDATE WHO HAD APPEARED FOR VOCATIONAL TEACHER (AGRICULTURE) EXAM AND ITS ANSWER. EXT.P.4: COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE THE R.1. DTD. 24/06/2006. EXT.P.5: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P.4. BY R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23557/2006-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of December, 2009 J U D G M E N T The petitioner is an applicant for appointment to the post of Vocational Teacher (Agriculture) pursuant to Ext.P1 notification. Ext.P2 is the short list published by the Commission. Mainly it is contended that the same has been prepared after fixing a cut off mark which is illegal and in violation of the provisions of the Kerala Public Service Commission Rules of Procedure. The petitioner places reliance on the decision of the Apex Court in State of Punjab and others v. Manjith Singh and others [AIR 2003 SC 4580] and the later decisions. The main prayer in the writ petition is to quash Ext.P2 as it is in violation of the decisions of the Apex Court. The petitioner seeks for a further direction to prepare a fresh shortlist for selection to the post of Vocational Teacher (Agriculture). 2. A Full Bench of this Court in Ravidas v. Public Service Commission [2009 (2) KLT 295 (F.B)] considered the power of the Commission to fix cut off marks and it was held that the Commission cannot fix cut off marks to short list candidates to be called for interview in the absence of such a provision in Rules or the notification. The Full Bench has laid down various parameters for finalising the short list which will depend upon various factors. W.P.(C). No.23557/2006 -:2:- 3. Since the legal contentions raised by the writ petitioner is covered by the decision of the Full Bench in Ravidas's case [2009 (2) KLT 295 (F.B)], the same principles will apply to the facts of the present case also. The petitioner will file a detailed representation showing the various details relied upon by him before the Secretary of the Commission within a period of three weeks from today and the Secretary of the Commission will hear the petitioner and consider the objections and communicate the decision to the petitioner within a further period of one month. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms