IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 17381 of 2003(T) -------------------------- PETITIONER: ------------ DIMPLE GOPI, LIBRARIAN GRADE II, COLLEGE OF ENGINEERING, MANNILA, THIRUVANANTHAPURAM, NOW RESIDING AT ZENITH HOUSE, T.C.22/548, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SMT.RESMI G. NAIR RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. REENA.G. KODIVILA VEEDU, KARINGANNOOR PO KOLLAM 691 516 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 SRI.ASOK M.CHERIAN FOR R3 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.17381/2003 ORDER ON I.A.Nos.2703 /2003 IN W.P.(C) No.17381/2003 DISMISSED & 7482/2003 IN W.P.(C) NO.17381/2003 CLOSED. 27.6.2006. SD/- K.BALAKRISHNAN NAIR, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE NOTIFICATION PUBLISHED IN KERALA GAZETTE DT.15.12.1998 AS CATEGORY NO.205/1998. EXT.P2: COPY OF THE RANKED LIST OF LIBRARIAN GRADE I PUBLISHED PURSUANT TO EXT.P1. EXT.P3: COPY OF THE ADVISE MEMO NO.RIC(C) 762/202/GW DT..29.10.2002. EXT.P4: COPY OF THE G.O.(MS) NO.168/2002/H.EDN.DT.30.11.2002. EXT.P5: COPY OF THE SHOW CAUSE NOTICE NO.RIC (3)762/2002/GW DT.5.4.2003 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE EXPLANATION DT.21.4.2003 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TO EXT.P5. EXT.P7: COPY OF THE ORDER NO.RI(c)(3)762/2002/GW DT.20.5.2003 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE G.O.(Rt) NO.756/2000/H.EDN.DT.29.5.2000. EXT.P9: COPY OF THE NOTIFICATION DT.13.11.2002. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE LETTER OF THE KERALA PUBLIC SERVICE COMMISSION DT.31.5.2003 TO THE 3RD RESPONDENT HEREIN. ANNEXURES: ANNEXURE I: COPY OF THEJUDGMENT OF THIS HON'BLE COURT DT.29.11.2001 INO.P.NO.32782/2001. ANNEXURE II: COPY OF THE JUDGMENT OF THIS HON'BLE COURT, DT.29.7.2002 IN W.A.NO.747/2002. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.17381 OF 2003 ---------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner was a candidate included in the ranked list published by the Public Service Commission for appointment to the post of Librarian Grade-II in the common pool including Thiruvananthapuram Public Library and various departments. The petitioner was rank No.1 in the supplementary list of Ezhava candidates. There was no Ezhava candidate in the main list. So, when the first Ezhava reservation turn arose, the petitioner was advised by the P.S.C by memo dated 29.10.2002. Pursuant to the said advise, she was appointed, as per Ext.P4, in the Library of the Medical College, Thrissur. While so, an Ezhava candidate, Smt.G.Reena, the 3rd respondent herein, was included in the ranked list as 7A, pursuant to the direction of this Court, in O.P.No.32782/2001. When a person with rank No.7A is available in the main list, a person in the supplementary list for Ezhava community cannot be advised. So, the P.S.C. issued notice to the petitioner proposing to cancel her advise and after considering her objection by Ex.P7 W.P.(C) No.17381/2003 2 cancelled the advise of the petitioner and restored her place in the supplementary list of Ezhavas. Therefore, this writ petition is filed, challenging Ext.P7. 2. According the the petitioner, there was no mistake when she was advised and therefore, Rule 3(c) of K.S. & S.S.R. cannot be invoked. But, the inclusion of the 3rd respondent as rank No.7A takes effect from the date of publication of rank list as her claim was overlooked at the time of finalisation of rank list. So, it will be manifestly unjust to allow a candidate with inferior merit to get appointment, where a candidate with higher rank is available. In view of the above position, I find nothing illegal with Ext.P7. Accordingly, this writ petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) ps W.P.(C) No.17381/2003 3 K.BALAKRISHNAN NAIR ======================= W.P.(C) NO.17381 OF 2003-T ======================= JUDGMENT DATED 27TH JUNE 2008 ===================