IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 18397 of 2006(M) -------------------------------------- PETITIONER(S): ---------------------- 1. FEBI K., AGED 22 YEARS, W/O. SALEEMUDHEEN K., KARIKUZHI HOUSE, VALIYAPARAMBA P.O., PULIKKAL(VIA)-673 637, MALAPPURAM DISTRICT. 2. SAJNA K.P., AGED 27 YEARS, W/O. RAFEEQUE K.T., KUNDANIYIL HOUSE, PANG P.O., KULATHOOR, PIN-679 338, MALAPPURAM DISTRICT. 3. RAFEEDA P.K., AGED 30 YEARS, W/O. MOHAMMED, POOKAVIL HOUSE, KARUVARAKUNDU - THARIS P.O., MALAPPURAM DISTRICT-676 523. 4. P. NARAYANAN, AGED 42 YEARS, S/O. P.SANKARAN NAIR, PUTHIYOTH HOUSE, P.O.PULIKKAL-673 637, MALAPPURAM DISTRICT. 5. SHAKEELA CHEEMADEN, AGED 33 YEARS, W/O. P.NAJEEB, KOLLAPARAMBIL, MELAKKAM, MANJERI-3, MALAPPURAM DISTRICT, PIN-676 123. BY ADV. MR.S.RAMESH BABU RESPONDENT(S): ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C). NO. 18397/2006-M 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, CIVIL STATION, MALAPPURAM DISTRICT. * ADDL. R5 TO R7 IMPLEADED ADDL. R5: RAJANI K., AGED 24 YEARS, W/O.SUNIL KUMAR A., RESIDING AT KARAT HOUSE, ARAVANKARA, POOKKOTTUR P.O., MALAPPURAM DISTRICT, PIN-676 517. ADDL. R6: LATHIKA KUNHOLETHILLETH, AGED 32 YEARS. W/O.T.K. NARAYANAN, KAMALA VILAS, MANASSERI P.O., MUKKAM, KOZHIKODE- 673 602. ADDL. R7: PRAJEESHA T., AGED 28 YEARS, W/O.RAMACHANDRAN C., THACHAMBALATH HOUSE, KIZHUPARAMBA P.O., AREECODE VIA, MALAPPURAM-673 639. * ADDL. R5 TO R7 ARE IMPLEADED AS PER ORDER DATED 25/03/2009 IN I.A. NO.2662/2009 R2 & R3 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR R1 & R4 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, ALONG WITH WPC.30342 OF 2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 18397/2006-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GAZETTE NOTIFICATION DATED 26/04/2005. EXT.P2: COPY OF THE LPSA SHORT LIST, MALAPPURAM DISTRICT DATED 17/04/2006. EXT.P3: COPY OF THE COMMUNICATION NO.A4/20594/06 DATED 30/06/2006 OF LETTER NO.A4/166/05 DATED 29/11/2005. EXT.P4: COPY OF THE COMMUNICATION NO.B(2)/10932/2002/DPI/L.DIS DATED 27/07/2002. EXT.P5: COPY OF THE SHORT LIST DATED 07/04/2006 IN RESPECT OF IDUKKI DISTRICT. EXT.P5(a): COPY OF THE SHORT LIST DATED 31/03/2006 IN RESPECT OF PATHANAMTHITTA DIST. EXT.P6: COPY OF THE CIRCULAR NO.17/87 DATED 04/07/1987. EXT.P7: COPY OF THE CIRCULAR NO.30/2003 DATED 01/12/2003. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS. EXT.P9(a): COPY OF THE NEWS REPORTED IN MALAYALA MANORAMA DAILY DATED 13/06/2006. EXT.P9(b): COPY OF THE NEWS REPORTED IN MATHRUBHOOMI DAILY DATED 17/06/2006. EXT.P9(c): COPY OF THE NEWS REPORTED IN MADHYAMAM DAILY DATED 18/06/2006. EXT.P9(d): COPY OF THE NEWS REPORTED IN MADHYAMAM DAILY DATED 02/07/2006. EXT.P9(e): COPY OF THE NEWS REPORTED IN MALAYALA MANORMA DAILY DATED 02/07/2006. EXT.P10: COPY OF THE NEWS REPORT IN MALAYALA MANORMA THOZHILVEEDHI DATED 05/07/2006. EXT.P11: COPY OF THE MATHRUBHUMI DAILY DATED 19/09/2006. EXT.P12: COPY OF THE LETTER NO.IDS NO.(2)366/07 DATED 04/01/2007. EXT.P13: COPY OF THE RANKED LIST DATED 27/12/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 18397&30342/2006, 34068/2007, 33228, 21162, 5178, 26580, 17613, 35830, 37810, 22927, 33112, 33254, 37340, 34089, 31817, 29289, 13744, 24920, 8580, 23928, 38023 & 32101 of 2008 and 333 of 2009 --------------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The writ petition No.33228 of 2008 and other connected cases relate to appointments to various posts notified by the Public Service Commission. Mainly, the challenge is regarding fixation of cut off marks. They seek enlargement of the main short list and the main ranked list, accordingly. Several contentions have been raised in these writ petitions challenging the method adopted by the PSC. 2. A Full Bench of this Court by judgement dated 16.03.2009 in W.P.(C) No 11916 of 2005 and connected cases has considered various similar questions raised by other candidates. The question was whether the PSC has the authority to prescribe cut off marks and in the absence of it what should be the method to be adopted. 3. In the said judgment, it was declared that in the absence of any provision in the Rules or in the Notification, the Commission is not empowered to fix a cut off mark. At the same wpc/18397/2006 and connected cases 2 time it was held that the Commission can adopt other valid methods while preparing the short list. Therefore, such methods adopted by the PSC have been upheld by the Full Bench in the particular facts of certain cases, which were disposed of. In the light of the directions issued by the Full Bench the writ petitions are disposed of in the following manner: a) The petitioners in these writ petitions will file appropriate representation before the Secretary of PSC regarding the claims in respect of the respective notifications and the objections therein in regard to the methods adopted by the PSC. Appropriate representations shall be filed within a period of three weeks from today. b) The petitioners will produce the materials they rely upon along with the representations to be filed. The petitioners will be granted a personal hearing in the matter, and accordingly any one of the petitioners will be allowed an opportunity for personal hearing on such dates duly intimated by the Secretary. The hearing can be conducted by the Secretary himself or by any other Senior Officer authorised for that purpose by the Secretary. After considering the claims and objections raised by the petitioners, the matter will be considered in the light of the wpc/18397/2006 and connected cases 3 directions issued by the Full Bench and the legal position declared thereon within a further period of 8 weeks from the date of receipt of a copy of the representation. In the light of the fact that the PSC has been directed to consider the objections or claims in respect of each cases, it is made clear that this Court is not expressing anything on the merit of the matter. The contentions raised herein are therefore left open. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps