IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35935 of 2010(N) PETITIONER: --------------- SMT.GRACELET JIGILA.P. ANNA GRACE, KAKKAVILA PO, NEYYATTINKARA TALUK TRIVANDRUM DISTRICT, HSA PHYSICAL SCIENCE, GHS, ANAKKARA, IDUKKY DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM PO, TRIVANDRUM-695 004 2. KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, KATTAPPANA, IDUKKI-685 508. 3. DY.DIRECTOR OF EDUCATION THODUPUZHA, IDUKKI DISTRICT-685 584. 4. STATE OF KERALA,REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 5. SMT. LALLY, AATHIRA BHAVAN, NADUVANNUR,KOZHIKKODE DISTRICT-673 614. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 35935 OF 2010 N ------------------------------------------------------ Dated this the 1st day of December, 2010 JUDGMENT The Kerala Public Service Commission invited applications to the post of H.S.A. - Physical Science (Tamil Medium) in Idukki District. The petitioner applied for the post. Ext.P2 ranked list was published. The name of the petitioner is shown as rank No.1 in the supplementary list for SIUC Nadar. She was advised for appointment. It is stated that the petitioner was appointed as per Ext.P4 dated 12.7.2010, in Government High School, Anakkara, Idukki District. 2. Ext.P5 show cause memo was issued by the Kerala Public Service Commission to the petitioner directing the petitioner to show cause why the advice on recruitment made on 16.6.2010 should not be cancelled and name of the petitioner should not be restored to the ranked list. The petitioner sent Ext.P6 reply. The Kerala Public Service Commission has not disposed of the matter. W.P.(C) NO.35935 OF 2010 :: 2 :: 3. The main relief sought for in the Writ Petition is to quash Ext.P5 by the issue of a writ of certiorari. Ext.P5 is only a show cause notice. The petitioner furnished reply to the show cause notice. The matter has to be considered by the Kerala Public Service Commission on the merits and if a decision is taken by the Kerala Public Service Commission against the petitioner, the petitioner would be entitled to challenge the same before the appropriate forum. At present, there is no ground for the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India to challenge Ext.P5 show cause notice. Normally, the Court will not interfere with a show cause notice unless of course, the very issue of show cause notice is absolutely without jurisdiction. It cannot be said that the Kerala Public Service Commission lacks jurisdiction to issue a show cause notice like Ext.P5. Therefore, it cannot be said that the Kerala Public Service Commission acted absolutely without jurisdiction. In the facts and circumstances of the case, I do not find any ground to interfere with Ext.P5. The other reliefs prayed for in the Writ Petition are not relevant at this stage. For the aforesaid reasons, the Writ Petition is dismissed with W.P.(C) NO.35935 OF 2010 :: 3 :: liberty to the petitioner to challenge the final decision taken by the Kerala Public Service Commission, if it goes against the petitioner, before the appropriate forum in accordance with law. Needless to say that the Kerala Public Service Commission will consider Ext.P6 before taking a final decision on Ext.P5. (K.T.SANKARAN) Judge ahz/