IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WA.No. 843 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.5911/2008 Dated 03/03/2008 .................... APPELLANT/PETITIONER: ----------- VINOD K, S/O.A.KANDANKUTTY,KIZHAKKE HOUSE PANAYUR POST,POLPULLY,PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARGOD DISTRICT. BY SRI.ALEXANDER THOMAS, SC FOR PSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.A. NO. 843 OF 2008 ----------------------------------------- Dated 8th April, 2008. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He was a candidate included as Rank No.6 in Ext.P1 rank list published by the Public Service Commission, Kasaragod District Office, for appointment to the post of Tractor Driver. The case of the appellant is that when the list was operated, the fourth person to be appointed from that list was a Scheduled Caste candidate. Since no member of the Scheduled Caste was in the list, the said vacancy was kept open. As per the hundred point roster, the appellant submits, it would have been given to the next Ezhava candidate, but for the recent amendment introduced to Rule 15 of Part II, K.S. & S.S.R., which provides that if no Scheduled Caste candidate is available, the said vacancy should be kept open and there should be a re-notification for filling up it. The appellant claims, he is the next Ezhava candidate, who would have been benefitted, if it was decided to fill the Scheduled Caste turn, ignoring the WA 843/2008 2 amendment to Rule 15. So, the writ petition was filed, praying for a direction to fill the vacancies in the post of Tractor Driver from Ext.P1 list, ignoring the amendment to Rule 15. The said claim is founded on the fact that the rank list Ext.P1 was published on 18.3.2005, whereas the amendment to Rule 15 was introduced on 2.2.2006. 2. But, now it is well settled that the law applicable at the time of filling up the vacancies has to be taken into account and not the law prevailing when the rank list was published. In view of this well settled position, the claim of the appellant to ignore the amendment introduced to Rule 15 of Part II, K.S. & S.S.R., cannot be allowed. So, the learned Single Judge has rightly dismissed the writ petition. Accordingly, this appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/