IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WA.No.2137 of 2008 ------------------------ AGAINST THE JUDGMENT IN WPC.27285/2006 Dated 25/09/2008 .................... APPELLANTS/PETITIONERS -------------------------------- 1. REENA P.B., D/O PRABHAKARAN, PUTHEN VEEDU, KADAKKAVUR P.O., PIN-695308. 2. PYARI P.B., D/O PRABHAKARAN, PUTHEN VEEDU, KADAKKAVUR P.O., PIN - 695308. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS/RESPONDENTS: ------------------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY SECRETARY, HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. WA.No.2137 of 2008 -2- 4. SHEEBA SARAT. S. (RANK NO.37), T.C.28/819, KAYYALATH HOUSE, PUNNAPURAM P.O., THIRUVANANTHAPURAM PIN 695024. 5. LALIMOL VARGHESE P. (RANK NO.38), PRASANTH BHAVAN, KUZHIKKALA P.O., PATHANAMTHITTA - 689644. 6. HEMA G. (OBC) KALANTHATTA, DOWN HILL P.O., MALAPPURAM. SRI.ALEXANDER THOMAS, SC. KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.2137 of 2008 ------------------------------------------------ Dated this the 30th day of October, 2008 JUDGMENT Koshy, J Appellants/petitioners were shortlisted by the Public Service Commission and were included as Sl. No.7 to 9 in the supplementary list for Ezhavas. According to the appellants/ petitioners out of each block of 40 appointments 11 should go to Ezhavas and hence, the appellants ought to have been advised. The Public Service Commission stated that there were 38 candidates in the main list and 23 candidates in the supplementary list; and 48 candidates were advised as per the rotation strictly in accordance with Rule 17 of the KS&SSR. It is not provided in the Rule that for every 40 appointments 11 seats should go to Ezhavas. Rule only provides that when W. A. No.2137 of 2008 -2- appointment is made 40% seats should be reserved in the manner indicated in Rule 17. The affidavit sworn by the Public Service Commission shows that how Rule of rotation was effected and unfortunately, till the main list is exhausted petitioners turn did not come. Since main list was exhausted, no appointment can be made from the supplementary list. In the above circumstances, we agree with the views of the learned Single Judge. We see no ground to interfere with the impugned judgment. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-