IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 30148 of 2008(L) ------------------------------------------ PETITIONER(S): ------------------------ MANOHARAN.K.K, S/O. KUNJAN EZHUTHASSAN, AGED 36 YEARS, KAIPPILLI VALAPPIL HOUSE, P.O. THALORE, THRISSUR - 680 306. BY ADV. SRI.SHOBY K.FRANCIS SRI.PHIJO JOSEPH RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC HEALTH DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, M.G. ROAD, THRISSUR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R1 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30148 of 2008 ------------------------------- Dated this the 24th November, 2008. J U D G M E N T Heard Sri.Shoby K.Francis, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner was an applicant for appointment to the post of Junior Health Inspector Grade II. He belongs to the Ezhuthassan community, which is a backward class eligible for reservation. Ext.P3, the ranked list of candidates selected for appointment to the post of Junior Health Inspector Grade II was published on 11.9.2007. In Ext.P3, the petitioner is Serial No.72 in Main List No.2. The petitioner claims that he is the fourth person entitled to be advised in the turn available to backward communities, that three of them have already been advised in the open merit quota and as the next eligible candidate, he is entitled to be advised in the first turn available to other W.P.(C) No.30148 of 2008 2 backward communities. In this writ petition, the petitioner prays for a direction to the respondents not to carry forward the unfilled vacancies of Latin Catholic, Scheduled Caste and SIUC candidates from the previous selection to compensate those communities. 2. Respondents 2 and 3 have filed a statement dated 7.11.2008. It is stated therein that 54 no candidate available turns are to be compensated to certain backward communities in the previous selection. It is also stated that out of the said 54 turns, 6 no candidate available turns are to be compensated to SIUC/A1-(2), Muslim-(2) and Latin Catholic and Ezhava- (1 each). It is further stated that four of such no candidate available turns have been compensated and two are yet to be satisfied. It is also stated that the petitioner is not the fourth in the turn, but is the sixth in the turn and that his turn has not so far arisen. Reliance is also placed on the Note to Rule 15(a) of Part II of the K.S. & S.S.R. W.P.(C) No.30148 of 2008 3 3. I have considered the submissions made at the Bar by the learned counsel on either side. It is evident from the pleadings that the petitioner's turn for advice has not arisen. It is also evident from the Note to Rule 15(a) of Part II of K.S. & S.S.R. that all pending uncompensated turns of vacancies including turns of communities from which no candidate was available in the previous selection have to be compensated, when advices are made from Ext.P3 ranked list. In the instant case, the ranked list was published on 11.9.2007. Going by the averments in the statement filed on behalf of respondents 2 and 3, two more no candidate available vacancies have to be compensated to the backward communities. Further, the petitioner is only the sixth among the backward class candidates in Ext.P3 ranked list. Therefore, the petitioner cannot complain about the compensation given to communities eligible for reservation in the OBC category. Further, his turn has also not arisen and his right to be advised and appointed will depend on his seniority position in the ranked list. Hence, the petitioner cannot seek the reliefs prayed for. The Writ Petition is W.P.(C) No.30148 of 2008 4 accordingly dismissed without prejudice to his right to be advised, as and when his turn arises as per the ranked list. P.N.RAVINDRAN, JUDGE nj.