IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Con.Case(C).No. 1146 of 2010(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28144/2009 DATED 06/07/2010 .................... PETITIONER(S): /2ND PETITIONER --------------- XAVIER M.O., AGED 43, S/O.OUSEPH, MAMPILLY PARAMBIL HOUSE, NJARAKKAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): /2ND RESPONDENT --------------- SRI.P.C.BINOY, AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- COC No.1146 of 2010 --------------------------------- Dated, this the 22nd day of October, 2010 J U D G M E N T Petitioner is one of the petitioners in WP(C) No. 28144/2009. 2. The subject matter of that writ petition was the eligibility of the petitioner to be considered for the post of Legal Assistant Gr.II. By Annexure III judgment rendered on 06/07/2010, this Court set aside the note incorporated in Annexure A1 issued by the PSC. Accordingly, the candidature of the petitioner was considered and when Annexure A4 addendum notification was published, the petitioner's name was not included. It is complaining that the above conduct of the PSC attracts the provisions of the Contempt of Courts Act, 1972, this case has been filed. 3. The PSC seeks to justify the non-inclusion of the petitioner in Annexure A4 notification, on the basis that the COC No.1146/2010 -2- petitioner was an over aged candidate. When the case was taken up for hearing, the main complaint urged by the learned counsel for the petitioner was that no proceedings indicating the reasons for his non-inclusion in Annexure A4, has been issued by the PSC so far, and thereby the petitioner is disabled from seeking even legal remedies that are available to him. When this submission was made, learned standing counsel for the PSC fairly undertakes that a communication containing the reasons for the petitioner's non inclusion in Annexure A4 notification will be issued to the petitioner by the PSC, at any rate, within one week of receipt of a copy of this judgment. I record this submission and close this contempt of court case. (ANTONY DOMINIC, JUDGE) jg