IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15688 of 2009(E) ------------------------------------- PETITIONER(S): ------------------------ ANIL.N, CHARUVILA PUTHENVEEDU, ERUTHODU, KARARA, VALAVU PACHA.P.O, KOLLAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN MR.K.K.GOPINATHAN NAIR MR.M.R.JAYAPRASAD MR.P.MOHANDAS (ERNAKULAM) MR.MATHEW SUNNY RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOLLAM BY SR GOVT. PLEADER SMT.ANU SIVARAMAN BY ADV. MR.ALEXANTHOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 15688 of 2009-E ------------------------------ Dated this the 10th day of June, 2009. J U D G M E N T The petitioner who was a candidate included in Ext.P1 ranked list for appointment to the post of Excise Guard in Kollam District has filed this writ petition seeking a writ of certiorari to quash Ext.P9 advise memo dated 1.4.2009 issued to Sri.K.Suni. Ext.P1 ranked list came into force on 15.1.2002 and it ceased to be in force on 14.1.2005. According to the petitioner Sri.K.Suni had in Ext.P8 letter requested that his name may be deleted from the ranked list before the advise memo was issued to him and therefore the Kerala Public Service Commission ought to have advised the petitioner, the next candidate in the ranked list. Ext.P1 ranked list ceased to in force on 14.1.2005. The relinquishment letter said to have been sent by Sri.K.Suni is dated 4.8.2008. As per rule 18(ii) of the Kerala Public Service Commission Rules of Procedure a candidate whose name has been included in the ranked list prepared by the Commission can relinquish his claim for appointment in writing giving his full address and signature, attested by an officer not below the rank of Tahsildar under his seal, on or before the date of receipt of the requisition for advice against which he/she is to be W.P(C) No. 15688 of 2009-E 2 advised. The Commission has issued a circular dated 3.8.1998 which stipulates that the letter of relinquishment must bear the signature, name, designation seal and office seal of a Gazetted Officer of the State/Central Government. Ext.P8 does not satisfy this requirement for the reason that the name of the officer who has attested it is not mentioned therein. Further Ext.P8 letter was sent after the date of receipt of the requisition for advice against which Sri.K.Suni was advised. Sri.K.Suni is also not in the party array. Therefore on the materials available it cannot be held that Sri.K.Suni had relinquished his claim for appointment in time. The writ petition in my opinion is without any merit. It is also bad for non joinder of necessary parties. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab