IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 28905 of 2007(N) ---------------------------------------- PETITIONER(S): ------------------------ MADHUMATHI.C., PANHIKKEEL HOUSE, P.O.AZHIKODE SOUTH, KANNUR-9. BY ADV. SRI.P.CHANDRASEKHAR SRI.P.M.SATHEESH RESPONDENT(S): -------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANATHAPURAM. 2. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R2 & R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28905/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEMORANDUM OF MARKS DATED 27/9/89 ISSUED BY CALICUT UNIVERSITY TO THE PETITIONER. P2 COPY OF THE DEGREE CERTIFICATE AWARDING M.A.DEGREE IN ECONOMICS TO THE PETITIONER BY CALICUT UNIVERSITY. P3 COPY OF THE NATIONAL EDUCATION TEST ELIGIBILITY CERTIFICATE ISSUED BY UGC TO THE PETITIONER. P4 COPY OF THE RANK LIST DATED 21/12/2005 OF LECTURERS IN ECONOMICS PUBLISHED BY THE 1ST RESPONDENT. P5 COPY OF THE APPOINTMENT CHART IN RESPECT LECTURER IN ECONOMICS PUBLISHED BY THE 1ST RESPONDENT. P6 COPY OF THE ROTATION CHART IN RESPECT RESERVED CANDIDATES FOR THE POST OTHER THAN LAST GRADE EMPLOYEES PUBLISHED BY THE 1ST RESPONDENT. P7 COPY OF THE CHART PUBLISHED BY THE 1ST RESPONDENT SHOWING THE ADVISE MADE FROM EXHIBIT P4 RANK LIST AS ON 6/9/2007. P8 COPY OF THE LETTER DATED 4/9/2007 OF THE PETITIONER TO THE CHAIRMAN OF THE 1ST RESPONDENT. P9 COPY OF THE LETTER DATED 11/9/2007 OF THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.28905 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2011 J U D G M E N T Pursuant to the notification issued by the Kerala Public Service Commission inviting applications for the post of Lecturer (Economics) in the Kerala Collegiate Education Department, the petitioner applied and he was included in Ext.P4 rank list. The petitioner is eligible for reservation applicable to Dheevara. As per the rotation chart published by the P.S.C, the petitioner is entitled to be advised in the 50th turn. Although advices were made up to 79th open category turn, the petitioner was not advised. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(a) Call for the records leading to Exhibit P9 and quash the same by issuing a writ of certiorari: (b) Issue a writ of mandamus or any other writ order or direction directing the 1st respondent to advice the name of the petitioner from Exhibit P4 Rank List for appointment to the post of Lecturer in Economics in the vacancy which has arisen in the quota for candidates belonging to Dheevara Community, forthwith; (c) Issue a writ of mandamus or any other writ order or direction directing the respondents 2 and 3 to appoint W.P.(C)No.28905 of 2007 -2- the petitioner as Lecturer in Economics, as against the quota for Dheevara candidate, in Collegiate Education Service forthwith and grant to her all consequential monetary and other benefits.” The P.S.C. has filed an affidavit taking the stand that although the petitioner was eligible for advice at the 50th turn since a Muslim turn was passed over during the previous selection and a Dheevara was given instead the 50th turn applicable to Dheevara had to be given to a Muslim candidate as compensation. Therefore, the petitioner is not eligible for advice, is the contention raised. The petitioner could not refute the said contention of the P.S.C. Without refuting that contention, the petitioner cannot win this writ petition. Insofar as the contention of the P.S.C. stands unrefuted, this writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/