IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 17313 of 2006(J) ------------------------------------ PETITIONER(S): ------------------------ SUDHAKARAN K.M., S/O. P.R. THANKAMANY AGED 35 YEARS, RESIDING AT `CHIRATH', NEAR NAS AUDITORIUM, KALADY, ERNAKULAM, PIN-683 574. BY ADV.MR.P.A.ABDUL JABBAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. SPL. GOVT. PLEADER M.P.SANTHOSHKUMAR ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17313/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IST PAGE OF THE SSLC BOOK OF THE PETITIONER P2:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR PRODUCTION OF CERTIFICATES. DT. 6.6.05. P3:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHASILDAR, CHANGANASSERY. DT. 22.12.98. P4:- COPY OF THE INTERVIEW CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. DT. 2.3.06. P5:- COPY OF THE GO(MS) 11/05/SCSTDD ISSUED BY THE IST RESPONDENT DT. 22.3.06. P6:- COPY OF THE GO(MS) 25/05 SCSTDD ISSUED BY THE IST RESPONDENT DT. 20.6.05. P7:- COPY OF THE NEWS ITEM PUBLISHED IN THE MANGALAM DAILY. DT. 28.6.06. P8:- COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER BY THE TAHASILDAR CHANGANASSERY DT. 15.10.99. P9:- COPY OF THE GO(P) NO.16/95/SCSTDD ISSUED BY THE IST RESPONDENT DT. 8.5.95. P10:- COPY OF THE RANK LIST OF 72/06/SSIV ISSUED BY THE 2ND RESPONDENT DT. 27.4.06. P11:- COPY OF THE EXPER8IENCE CERTIFICATE ISSUED FROM GOVT. HIGHER SECONDARY SCHOOL, KURICHI TO THE PETITIONER DT. 17.2.01. P12:- COPY OF THE EXPERIENCE CERTIFICATE ISSUED FROM SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY TO THE PETITIONER DT. 20.1.06. P13:- COPY OF THE NOTIFICATION GO(MS) NO.298/ISSUED BY THE IST RESPONDENT DT. 23.3.61. P14:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE GRIEVANCE CELL 2ND RESPONDENT DT. 16.5.06. P15:- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE ACCEPTANCE OF EXT.P15. DT. 17.5.06. P16:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 23.5.06. W.P.(C) NO.17313/2006 P17:- COPY OF THE POSTAL ACKNOWLEDGEMENT SHOWING THE ACCEPTANCE OF EXT.P16 DT. 25.5.06. P18:- COPY OF THE GOVT. ORDER GO(MS) NO.109/SCSTDD DT. 20.11.08. P19:- COPY OF THE CASTE CERTIFICATE ISSUED BY THAHSILDAR, CHANGANASSERY DT. 9.2.09. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.17313 of 2006 ===================== Dated this the 26th day of March, 2009. JUDGMENT Heard Sri. P.A. Abdul Jabbar, the learned counsel appearing for the petitioner, Sri. P.Santhosh Kumar, the learned Special Government Pleader appearing for the first respondent and Sri. Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, invited applications for appointment to the post of Lecturer in Political Science in the Collegiate Education Department. The petitioner was an applicant for the said post. He was however not selected when Ext.P10 ranked list was published on 27.4.2006 for the reason that he had not produced a certificate to prove that he belongs to a Scheduled Caste. The petitioner challenges his non- inclusion in the ranked list. The petitioner contends that adequate number of Scheduled Caste candidates has not been included in Ext.P10 ranked list. 3. The Commission has filed a counter affidavit contending that the first Scheduled Caste candidate in the supplementary list of Ext.P10 ranked list was advised on 27.6.2007 against the turn of Scheduled Tribe candidate for the reason that no Scheduled Tribe candidate was available. WP(C) 17313/06 -: 2 :- It is also stated that rank No.2 in the supplementary list of Scheduled Caste candidates was likewise advised on 27.6.2007. The Commission has also stated that if one more candidate is advised from the main list of Ext.P10 ranked list, the ranked list will cease to be in force. 4. With a view to ascertain whether the petitioner would have occupied a rank higher than the two candidates included in the supplementary list of Scheduled Caste candidates, the Commission was asked to verify what the petitioner's rank would have been, if there was no dispute about his caste status. The learned standing counsel appearing for the Commission submitted on instructions that even if the petitioner had been selected, he would have been rank No.3 in the supplementary list of Scheduled Caste candidates in Ext.P10 ranked list. The learned counsel submits that even in such a situation, the petitioner's turn for advice will not arise for the reason that the ranked list will cease to operate with the advice of the last candidate in the main list of Ext.P10 ranked list. In the light of the admitted facts as noticed above, I am of the opinion that no relief can be granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N.Ravindran, Judge. ess 8/4