IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WA.No. 1366 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN RP.501/2010 Dated 15/07/2010 AGAINST THE JUDGEMENT/ORDER IN WPC.15991/2009 .................... APPELLANT(S): WRIT PETITIONER/REVIEW PETITIONER ----------------------------------------------- K.SARASWATHY,JOINT DIRECTOR(SELECTION GRADE)AND CHIEF-IN-CHARGE, EVALUATION DIVISION, STATE PLANNING BOARD, PATTOM,THIRUVANANTHAPURAM. BY ADV. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENT(S): RESPONDENT IN W.P.C ---------------------------------- 1. THE STATE OF KERALA , REPRESENTED BY ITS SECRETARY TO GOVERNMENT,PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MEMBER SECRETARY, STATE PLANNING BOARD, PATTOM, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY. R1 AND R2 BY G.P. SRI. LAKSHMI NARAYANAN, P. R3 BY SC SRI. ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 1366 of 2010 -------------------------------------------- Dated this the 12th day of August, 2010 JUDGMENT Ramachandran Nair, J. Heard senior counsel Sri. K. Ramakumar appearing for the appellant and standing counsel appearing for the PSC. The appellant's grievance is against denial of opportunity to apply for single post of Chief Evaluation Division, State Planning Board. The appellant is already in the service of the Planning Board for the last 26 years. Application was invited vide Ext.P7 for appointment of Chief Evaluation Division, State Planning Board by direct recruitment. According to the appellant, since she belongs to SC community, she is entitled to apply under reserved category. However, PSC has not provided any reservation for the single post for which application is invited. During hearing senior counsel for the appellant canvassed for the position that PSC has no authority to deny reservation even to a single post because according to him, it is against the decision of the Supreme Court. Standing counsel for the PSC submitted that WA 1366/2010 2 reservation has been excluded in the notification not on the basis of decision of the PSC but only because of rule (7) of the Special Rules framed by the State Government. However, admittedly the appellant is over-aged inasmuch as she is above 50 years on the relevant date. Under Rule 2(3) of the Public Service (Raising of upper-age limit for appointment) Rules 1978, upper age limit is 50 years for all categories of applicants for appointment to any service in Government. Since the appellant is over-aged as on the relevant date, there is no need for us to consider legality or otherwise of the exclusion of reservation for appointment to single post. W.A. is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 1366/2010 3