IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 22896 of 2007(A) -------------------------------- PETITIONERS: ---------------- 1. RASHEED BABU ODAKKAL, S/O.ABOOBACKER, ODAKKAL HOUSE, PULIYAKKODE (PO), KUZHIMANNA (VIA) MALAPPURAM DISTRICT, PIN - 673 641. 2. JAFAR MANIYARAYIL, S/O.ABDUL AZEEZ, MANIYARAYIL HOUSE, VADAKKANGARA (PO), MANKADA VIA. NEELESHWAR, MALAPPURAM DISTRICT, PIN - 679 324. 3. RATHEESH.K., S/O.THEYYUTTY, KANNACHAN THODI HOUSE, PANAYI, ANAYAKKAYAM (P.O), MALAPPURAM DISTRICT PIN - 676 509. 4. MUNEERA P., SAHIDA MANZIL, ARIMBRA (P.O), KONDOTI VIA., MALAPPURAM DISTRICT, PIN - 673 638. BY MR.GEORGE ABRAHAM, ADVOCATE. RESPONDENTS: ------------------ 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM. 3. DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY MR. ALEXANDER THOMAS, SC, KPSC. MS. T.B. REMANY, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.22896/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF GAZETTE NOTIFICATION DTD. 26.4.2005 GIVEN BY PSC. EXT. P2 : COPY OF SHORT LIST ISSUED BY PSC FOR THE POST OF NON-VOCATIONAL TEACHER JUNIOR (GENERAL FOUNDATION COURSE) IN MARCH 2007. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22896 OF 2007 --------------------------------------- Dated this the 1st day of June, 2009. J U D G M E N T All the petitioners are applicants for the post of Non- Vocational Teacher (Junior) in General Foundation Course. The notification issued by the Public Service Commission has been produced as Exhibit P1. Mainly it is contended that the Public Service Commission has fixed a cut off mark in the selection that was conducted. It is also contended that the rank list contains only 389 candidates whereas the vacancies notified are 246. 2. A Full Bench of this Court by judgment dated 16.03.2009 in W.P.(C)No.11916 of 2005 and connected cases has considered various similar questions raised by other candidates. The question was whether the PSC 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 W.P.(C) No.22896/07 2 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. 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, this writ petition is disposed of in the following manner: a) The petitioners will file appropriate representation before the Secretary of PSC regarding the claims in respect of the respective notifications and the objections therein in regard to the methods adopted by the PSC. Appropriate representations shall be filed within a period of three weeks from today. b) 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 W.P.(C) No.22896/07 3 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 the legal position declared thereon within a further period of eight weeks from the date of receipt of a copy of the representation. In the light of the fact that the PSC has been directed to consider the objections or claims in respect of the case, 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 smp