IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WA.No. 867 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32341/2008 Dated 14/01/2009 .................... APPELLANTS: PETITIONERS 3 TO 7 AND 10 TO 12 ---------------------- 1. NIMISHA K.N., KRISHNA KRIPA, KANNAMPUZHA ROAD, NEAR NIRMALA COLLEGE, CHALAKUDY - 680 307, THRISSUR DISTRICT. 2. SEENA K.M., KEERIKKATTEL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT. 3. ASHA.K., KUTHUKALLINGAL HOUSE, KANDANAD P.O., THIRUVAMKULAM (VIA), ERNAKULAM - 682 305. 4. RANJINI.A.R., ALAKKANDDY HOUSE, VIJAYA HOTEL, THALASSERY ROAD, MANANTHAVADY P.O., WAYANAD DISTRICT - 670 645. 5. RAGI RAJAN M., MANIAMPARAMBIL HOUSE, P.O.MALA, KAVANAD, PIN - 680 732. 6. JINESH KUMAR N.S., J.J.BHAVAN, UZHUVA, PATTANAKKAD P.O., CHERTHALA - 688 531. 7. ABHILASH R., PUTHUMANGALASSERIL, KULANGARABHAGOM, CHAVARA P.O., KOLLAM DISTRICT. 8. BINIL B.CHANDRAN, SADANAM, MUTHUKULAM NORTH P.O., ALAPPUZHA DISTRICT - 690 560. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: RESPONDENTS & PETITIONERS 1,2,8,9 AND 13 TO 17 -------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. MR.RAJESH T., THACHAMVALLY HOUSE, REC P.O., KOZHIKODE - 673 601. 4. MR.SUBIN M.S., MATHAMPLACKAL HOUSE, KAVUMBHAGOM P.O., CHERUVALLY, THEKKETHUKAVALA (VIA), KOTTAYAM - 686 519. 5. MR.VINOD KUMAR T.G., ASWATHY, VPV/1539, KALLAMPOTTA ROAD, NETTAYAM P.O. TRIVANDRUM - 695 013. 6. MR.KURIAKOSE MATHEW.T., THARAVATTATHIL HOUSE, AMAYANNOOR P.O. KOTTAYAM 686 025. 7. MR.PRATHIUSH P.R., THOPPIL VEEDU, THARA 128, THAZHASSERY LANE, PALKULANGARA, PETTAH P.O., TRIVANDRUM 695 024. 8. MR.JUSTIN DAVIS.K., KOLLANUR HOUSE, 4TH STONE, KEYAL ROAD, ARIMBUR P.O THRISSUR 680 620. 9. M/S.DEVI.S., D/O.RAMACHANDRAN PILLAI, PISHARATHU HOUSE, KUMARAPURAM P.O. HARIPAD, ALAPPUZHA - 690 548. 10. DEEPTHY P.VASAVAN, DEEPTHI BHAVAN, EDAVATTOM, VELLIMON P.O., KERALAPURAM, KOLLAM-691 511. 11. JESSY.V., 33/6295 A, ROHINI, KIZHAKKEPURATH HOUSE, POONKAVANAM ROAD, P.O.CHEVAYUR, CALICUT-17. 12. BINDU BALAKRISHNAN, VALATH HOUSE, MARALOOR P.O., PIN.680 617. 13. DEEPTHI.L., THOTTAPPILLY HOUSE, STATE BANK QUARTERS, OLLUKKARA P.O., THRISSUR-680 655. 14. ANISH KUMAR.S.B., SANKARAMTHADATHIL HOUSE, THOLUR P.O., PARAPPUR (VIA). 15. RAJI.E.S, EDATTUPARAMBIL HOUSE, P.O.MANNUTHY, PANACHAKAM, PIN-680 651. 16. S.NISANTH, KRISHNA BHAVAN, S.R.P.MARKET P.O., KOLLAM-690 539. 17. SHYMA.S.M., KARINGATTIL HOUSE, KALLETTUMKARA, VALLAKUNNU, PIN-680 683. 18. ABITHA RAMACHANDRAN, PARIKKANNITHANAM PUTHENPURAYIL, KUNNAPPILLY, PERUVA P.O., KOTTAYAM DISTRICT. SRI.ALEXANDER THOMAS, SC, PSC FOR R1. GOVT.PLEADER, SMT.R.BINDU FOR R2. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------- W.A.No.867 OF 2009 ----------------------------- Dated this the 6th day of April, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellants are the writ petitioners. They were candidates included in the rank list published on 14.7.2008 by the Public Service Commission for appointment to the post of Veterinary Surgeon Grade-II in the Animal Husbandry Department. All of them belong to Ezhava community. Going by the roster for communal reservation, the appellants found that though several Ezhava vacancies arose, none of the Ezhava candidates was advised. Aggrieved by this, the Writ Petition was filed. 2. The Public Service Commission submitted that Rule 15 of Kerala State and Subordinate Services Rules, 1958, was amended with effect from 2.2.2006. As per the amended rule, if a candidate is not available from a community for the post reserved for that community the said vacancy should not be W.A. No. 867/2009 2 filled up by advising the next community eligible for reservation in the roster as was done in the past. The said vacancy should be kept open and special recruitment should conducted. The Government also added a note to the amended rule which reads as follows: “All pending uncompensated turns of vacancies such as temporarily passed over, no candidate available and non-joining duty as on the 2 nd February, 2006, shall be compensated.” 3. The Public Service Commission submitted that there are 35 no candidates available turns remaining to be satisfied by Ezhava community as on 14.7.2006. On advising 54 candidates, some of the vacancies available for Ezhava community were allotted to those communities who lost their turns earlier for want of candidates. Even now, 27 no candidate available turns remain to be satisfied by the Ezhava community. That is the reason, why so far no Ezhava candidate has been advised. 4. Taking note of the above submission of the P.S.C., the learned Single Judge dismissed the Writ Petition. Feeling aggrieved by the said decision, this Writ Appeal is filed. We W.A. No. 867/2009 3 notice that in view of the amendment brought to the Rule 15 of the Kerala State and Subordinate Services Rules, with effect from 2.2.2006, the stand taken by the P.S.C. is legal and valid. We find nothing wrong with the non-advice of candidates from the Ezhava community as their available turns are being allotted to compensate earlier no candidate available turns in relation to other communities, in which Ezhava candidates were advised. Therefore, we find nothing wrong with the judgment under appeal and accordingly the Writ Appeal is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps