IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 208 of 2005(Y) ------------------------ PETITIONER: ------------ SIJU. M.N., MOOLAYIL HOUSE, POOTHADY. P.O., KENICHIRAKARA, WAYANAD. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD. 2. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST DATED 4.5.1999 FOR THE POST OF LAST GRADE SERVANTS IN WAYANAD DIST. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 30.3.2004 IN WPC 11185 OF 2004 OF THIS HON'BLE COURT. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 9.9.2004 IN WPC 32412 OF 2003 OF THIS HON'BLE COURT. EXT.P4 TRUE COPY OF THE ORDER NO. DR. 2(I) /03/GW DATED 21.12.2004 ISSUED BY THE PSC RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 208 OF 2005 -------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Ramachandran Nair,J. This Writ Petition is filed challenging appointment given to another candidate from the very same list prepared by the Public Service Commission on the ground that that candidate did not produce non-creamy layer certificate which is required for appointment of persons from Backward Community under the reserved quota. Petitioner happened to 625 in the list of candidates prepared by the PSC for appointment of class IV employees from Wayanad on 4.5.1999. The person who has got appointment held rank above the petitioner, that is 621, and she has produced non-creamy layer certificate is what is stated by counsel for the PSC. This is also confirmed in the counter affidavit filed by the PSC. Since appointment of that person is properly made and the list has expired, there is no scope for considering petitioner's claim. W.P.C. is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. kk (V. K. MOHANAN) Judge. 2