IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WA.No. 714 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.17784/2002 Dated 17/07/2007 .................... APPELLANT: PETITIONER: ---------------------------------------- S.SREEJAYAN ,AGED 43 YEARS, VARUVILA PUTHEN VEEDU, VELLAYANI, NEMOM PO, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY PUBLIC SERVICE COMMISSION OFFICE, PATTOM PO., TRIVANDRUM-4. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,TRIVANDRUM. 3. THE ASSISTANT LICENSING AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER, TRIVANDRUM. 4. THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC - R1 & 2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.714 OF 2008 () ----------------------------------- Dated this the 1st day of July, 2008 J U D G M E N T KOSHY,J. Appellant/petitioner applied for the post of Driver cum operator in the Agriculture Department. He applied for the practical examination conducted by the 2nd respondent and he was included in the short list which was published on 29.1.1999. He appeared for the interview conducted by the Public Service Commission. He was included in the main rank list published by the 2nd respondent on 18.3.1999. He was the third rank holder in the main list, and therefore, during the currency of the rank list, since more than three vacancies arose, he was entitled to get appointment. But he was not advised, instead he received a show cause notice on 12.12.2001, alleging that driving licence produced by him is a fake one. Ignoring the explanation given by the appellant/petitioner, his name was removed from the rank list W.A.714/2008 2 and he was debarred from all tests conducted by PSC as per Ext.P7 order. It was challenged before this Court. The Director of Vigilance and Anti-Corruption Bureau has conducted an enquiry and it was found that licence produced by the appellant was genuine and appellant was innocent and the corrections in the licence was committed by the staff of the Regional Transport Office, Thiruvananthapuram. Even though the Vigilance report issued was also received by the PSC, they did not consider the same in Ext.P7 order. Considering these facts, we are of the opinion that petitioner's name was removed from the rank list illegally. He was innocent and there is no basis of removing his name especially when vigilance report was received by the PSC. It is true that rank list expired in 2002. But he was fighting the case from the very beginning. Due to the illegality committed by the PSC, petitioner cannot suffer. He was removed from the list only on 6.6.2002. In the same month itself, he approached this Court by filing a writ petition. There is no latches on the part of the petitioner. We also note that Government has got power to make appointments on just and reasonable grounds. In the above circumstances, we direct the Government to appoint the petitioner, by invoking W.A.714/2008 3 Rule 39 of Part III of KS & SSR, if any vacancy arises now or in the next arising vacancy, and before appointing him in the particular post, nobody can be appointed. With the above observations, this writ appeal is allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008