IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 21043 of 2008(E) -------------------------- PETITIONER: ------------ D.FANCY FILOMINA, RESIDING AT RETNA VILASOM BUNGALOW, KALUMMUGAM, TIRUPURAM P.O., TIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.VADAKARA V.V.N.MENON SRI.MATHEWS J.NEDUMPARA RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.21043 of 2008 -------------------------- Dated this the 7th August, 2008 J U D G M E N T While the petitioner was working as Overseer Grade III in the Public Works Department, she applied for appointment as First Grade Draughtsman/Overseer Grade I (Civil) in the departmental quota. Exhibit-P5 is the ranked list published on 15.3.2004. The petitioner was ranked second in the supplementary list of candidates belonging to Other Backward Communities. After Exhibit-P5 list was published, the petitioner submitted Exhibit-P6 representation to the Secretary of the Kerala Public Service Commission requesting that her name may be included in the supplementary list of Nadar SIUC Christian and given appointment. Long after Exhibit-P5 rank list ceased to be in force, the petitioner submitted Exhibits P8 and P9 representations to the Kerala Public Service Commission claiming appointment on the ground that she was wrongly included in the list of OBC instead W.P ( C) No.21043 of 2008 2 of being included in the supplementary list of Nadar SIUC. This writ petition was thereafter filed seeking the following reliefs. “i) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that SIUC Nadar members are distinct from Member of OBC and they alone are entitled to qualify for the reservations made to the SIUC Nadar quota and the consequential appointments in the category earmarked for them. ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to modify Exhibit-P5 Ranked List including the name of the petitioner in the SIUC Nadar reservation quota, removing her name from the O.B.C quota, as the same was mistakenly shown therein. iii) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to appoint the petitioner as First Grade Draftsman (Civil) in the PWD with all benefits, against the vacancy that existed at the time when Ext-P5 ranked list came into force. iv) Issue such other writs and further reliefs in the nature and circumstances of the case as this Hon'ble Court may deems fit and proper to issue including the cost of the proceedings to the petitioner.” 2. Exhibit-P5 ranked list came into force on 15.3.2004 and it ceased to be in force on 14.3.2007. W.P ( C) No.21043 of 2008 3 Subsequently, the first respondent issued yet another notification inviting applications for appointment to the post of First Grade Draughtsman/First Grade Overseer (Civil) in the Public Works Department. While Exhibit-P5 ranked list was in force, petitioner did not pursue the matter. It was long after Exhibit-P5 ceased to be in force that she submitted Exhibits P8 and P9 representations alleging that she was not properly placed in Exhibit-P5 rank list. The claim made by the petitioner in Exhibits P8 and P9 and in this writ petition is highly belated. I do not find any ground to entertain this writ petition at this distance of time. Accordingly, the writ petition fails and it is dismissed in limine. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.21043 of 2008 4 W.P ( C) No.21043 of 2008 5