IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 20212 of 2008(F) PETITIONER: SHYBA.V, AGED 32 YEARS D/O.SUKUMARAN, UPPALAKKAL HOUSE MUNDAPPALLY COLLEGE PO., VADAKARA, KOZHIKODE BY ADV. SRI.C.V.MANUVILSAN SRI.E.C.BINEESH RESPONDENTS: 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY 2. THE DISTRICT DIRECTOR OF EDUCATION KANNUR 3. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HIGH SCHOOL EDUCATION, THIRUVANANTHAPURAM 4. AYSHA.T.P., D/O.SIBIKURAN, RAHETH MANZIL, ULIYIL P.O., KANNUR. STANDING COUNSEL FOR PSC SRI.ALEXANDER THOMAS GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20212 OF 2008 F -------------------------------------------- Dated this the 21st July, 2008 JUDGMENT Petitioner states that she is a post graduate and has passed B.Ed and the State Eligibility Test (SET). The petitioner participated in the written test for the post of HSA (Physical Science) (Malayalam Medium) in Kannur District. It is stated that subsequently, the examination was cancelled on the ground of some malpractice committed by some of the candidates. Again on 7.1.2006, it is stated that, re-examination was conducted by the Kerala Public Service Commission. The petitioner had appeared for the written test as per Ext.P1 hall ticket. 2. In the Writ Petition it is stated that the Kerala Public Service Commission directed the petitioner to produce the relevant documents for verification and after verification, the petitioner was directed to appear for the interview, which was held on 19.10.2006. Ext.P4 rank list dated 18.12.2006, was published. The petitioner belongs to Dheevara community. The grievance of the petitioner is that when the turn of the Dheevara community for appointment has come up, the Kerala Public Service Commission did not consider the petitioner for the post. Instead of appointing the petitioner, the Public Service Commission has advised the fourth respondent, says the petitioner. W.P.(C) NO.20212 OF 2008 :: 2 :: 3. Pointing out the grievances of the petitioner, she has submitted Ext.P5 representation dated 10.6.2008, to the Chairman of the Kerala Public Service Commission. It is stated that the appropriate authority to consider the representation is the Secretary of the Kerala Public Service Commission. 4. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to consider and take an action on Exhibit P5 Representation, in accordance with law and also to communicate the same to the petitioner, without any further delay. ii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to take appropriate steps to appoint the petitioner to her eligible HSA post, without any further delay. iii) to pass such any other orders or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.” 5. Learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if a direction is issued to the Secretary of the Kerala Public Service Commission to dispose of Ext.P5 representation expeditiously. W.P.(C) NO.20212 OF 2008 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of directing the Secretary of the Public Service Commission to consider the grievance voiced by the petitioner in Ext.P5 and dispose of Ext.P5 representation within a period of two months, after affording an opportunity of being heard to the petitioner. If the representation is to be submitted in any particular form, the Secretary shall intimate the petitioner of the necessity of filing the same in that form, in which case, the petitioner shall duly comply with the same within a period of two weeks thereafter. Petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Secretary of the Kerala Public Service Commission. (K.T.SANKARAN) Judge ahz/