IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WA.No. 366 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27428/2007 Dated 08/10/2007 .................... APPELLANT: PETITIONER: -------------------------------------- RINCY. S.DAS, W/O.ALEXIS, 19/565 NEW COLONY, MANKAVU, PALAKKAD. BY ADV. SRI.P.DEEPAK RESPONDENTS: RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTAM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA BY SRI. ALEXANDER THOMAS, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.366 OF 2008 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . Appellant/petitioner belongs to Christian Nadar community. She applied for appointment to the post of Staff Nurse Grade II in the Health Department in Palakkad District. She was included in the short list published by the Public Service Commission in the supplementary list of OBC candidates. She claimed reservation under SIUC, but, later it turned out that she was Nadar Christian, but, that was not specifically stated. The community certificate Ext.P4 shows that she belongs to Christian Nadar SIUC. In Ext.P2 application it is specifically stated as Christian SIUC (OBC) in view of Ext.R3(a) notification. As per the Government norms, Nadars (Hindu) and SIUC other than Nadars are separate categories and in Ext.R3(a) notification a mistake was committed by the Public Service Commission as only Nadars (Hindu) (item 43) and SIUC (item 57) were shown and Christians Nadar was not separately shown. In subsequent notification Nadar (Hindu) and Christians are stated separately by Annexure AII. Because of the omission in notification regarding the scheduled enlistment of OBC communities, petitioner cannot suffer. Petitioner has correctly W.A.366/2008 2 shown the caste and certificate was produced and she is eligible for reservation under OBC community. Exclusion of her name in the rank list due to mistake committed by PSC in the notification is not correct. In the above circumstances, we direct the Public Service Commission to include her name in Ext.P5 rank list and give advice as per her turn. The appeal is allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks