IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 24695 of 2008(M) ------------------------------------------ PETITIONER(S): ------------------------- 1. SREESHAD K.P., SREEVIHAR, MOKERY P.O., PANOOR VIA, KANNUR DISTRICT. 2. JIJEESH KUMULLAMKANDI, PALAYAD NADA P.O., IRINGAL VIA, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVNANTHPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM. R1 & R3 BY GOVERNMENT PLEADER MR. MUHAMOOD T.T. R2 & R4 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009 ALONG WITH WPC.NO.28962 OF 2008 AND WPC.NO.33153 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24695/2008 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RANKED LIST FOR THE POST OF U.P.ASSISTANT (MALAYALAM MEDIUM) IN MALAPPURAM DISTRICT. P2: COPY OF THE NEWS REPORT WHICH APPEARED IN MATHRUBHUMI THOZHIL VARTHA DTD. 26/07/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24695/2008-M,28962/2008-W 33153/2008-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009. JUDGMENT These writ petitions 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 Public Service Commission. 2. A Full Bench of this court by judgment dated 16.3.2009 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 Public Service Commission 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 time it was held that the Commission can adopt other valid methods while preparing the short list. wpc 24695, 28962 & 33153/2008 2 Therefore, such methods adopted by the Public Service Commission 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 the Public Service Commission regarding the claims in respect of the respective notifications and the objections therein in regard to the methods adopted by the Public Service Commission. 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 in each of these writ petitions 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 wpc 24695, 28962 & 33153/2008 3 light of the directions issued by the Full Bench and the legal position declared thereon within a ufrther period of eight weeks from the date of receipt of the representation. In the light of the fact that the Public Service Commission has been directed to consider the objections or claims in respect of each case, 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. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/