IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 7110 of 2007(U) --------------------------------------- PETITIONER(S): ------------------------ 1. AJITHA P., W/O. JAYACHANDRAN, POORNANJALI NILAYAM, NEELESHWAR, KASARGOD DISTRICT 2. SINDHUMOL T., W/O. SURENDRAN, KOYITHATTA HOUSE, PUDUKI, NEELESHWAR, KASARGOD DISTRICT. BY ADV. MR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,KASARGOD DISTRICT 4. THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD. BY ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R1 TO 3 BY GOVT. PLEADER MR.K.RAMESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, ALONG WITH WPC NO. 13166 OF 2008 WPC NO. 16324 OF 2008 WPC NO. 14106 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7110/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SHORT LIST PUBLISHED BY THE PSC ON THE OFFICIAL WEBSITE FOR THE POST OF H;S.A. (PHYSICAL SCIENCE) FOR KASARAGOD DISTRICT. P2:- COPY OF THE OBJECTION FILED BY THE IST PETITIONER BEFORE THE DISTRICT OFFICER, PSC TO ENLARGE THE SHORT LIST. P3:- COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER BEFORE THE DISTRICT OFFICER PSC TO ENLARGE THE SHORT LIST. P4:- COPY OF THE COMMUNICATION DT. 17.6.06 SENT BY THE PSC TO ONE OF THE PETITIOENRS TO PRODUCE THE NECESSARY DOCUMENTS FOR ACCEPTING HER APPLICATION FOR THE POST OF HAS (PHYSICAL SCIENCE) FOR KASARAGOD DISTRICT. P5:- COPY OF THE RANK LIST PUBLISHED BY THE PSC FOR THE POST OF HAS (PHYSICAL SCIENCE) FOR KASARAGOD DISTRICT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos. 7110/2007-U, 13166/2008-P, 14106/2008-D & 16324/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2009 J U D G M E N T The petitioners in W.P.(C).Nos.13166/2008 and 14106/2008 are candidates seeking appointment as H.S.S.T (Political Science), the petitioners in W.P.(C).No.7110/2007 seek appointment to the post of H.S.S.T (Junior) (Political Science) and in W.P.(C).No.16324/2008 their subject is H.S.A. (Physical Science). Mainly, it is contended that the Commission has no jurisdiction to fix cut off marks in completing the selection process. 2. A Full Bench of this Court by judgment dated 16/03/2009 in W.P.(C).No.11916/2005 and connected cases has considered various similar questions raised by other candidates. The question was whether the P.S.C has the authority to prescribe cut off marks and in the absence of it what should be the method to be adopted. 3. In the said judgment, it was declared that in the absence of any provision in the Rules or in the Notification, the Commission is not empowered to fix a cut off mark. At the same time, it was held that the Commission can adopt other valid methods while preparing the short list. W.P.(C). Nos. 7110/2007, 13166/2008, 14106/2008 & 16324/2008 -:2:- Therefore, such methods adopted by the PSC have been upheld by the Full Bench in the particular facts of certain cases, which were disposed of. 4. In the light of the directions issued by the Full Bench, the writ petitions are disposed of in the following manner: i. The petitioners in these writ petitions will file appropriate representation before the Secretary of P.S.C regarding the claims in respect of the respective notifications and the objections therein in regard to the methods adopted by the P.S.C. Appropriate representations shall be filed within a period of three weeks from today. ii. The petitioners will produce the materials they rely upon along with the representations to be filed. The petitioners will be granted a personal hearing in the matter, and accordingly any one of the petitioners will be allowed an opportunity for personal hearing on such dates duly intimated by the Secretary. The hearing can be conducted by the Secretary himself or by any other Senior Officer authorised for that purpose by the Secretary. After considering the claims and objections raised by the petitioners, the matter will be considered in the light of the directions issued by the Full Bench and W.P.(C). Nos. 7110/2007, 13166/2008, 14106/2008 & 16324/2008 -:3:- the legal position declared thereon within a further period of 8 weeks from the date of receipt of a copy of the representation. 5. In the light of the fact that the PSC has been directed to consider the objections or claims in respect of each cases, it is made clear that this Court is not expressing anything on the merit of the matter. The contentions raised herein are therefore left open. No costs. (T.R. Ramachandran Nair, Judge.) ms