IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 32696 of 2006(P) -------------------------- PETITIONER(S): --------------- T.H.MEERAN KHAN, AGED 37 YEARS, S/O.HUSSAN KHAN, DRIVER GRADE-I, NO.1 SUB DIVISION, KERALA STATE ELECTRICITY BOARD, THODUPUZHA. BY ADV. SRI.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 3. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, TRIVANDRUM. ADV.SRI.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, ALONG WITH W.P.(C).NO.14107/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32696 of 2006(P) APPENDIX EXT.P1 TRUE COPY OF CERTIFICATE ISSUED BY THE DEPUTY CHIEF ENGINEER, K.S.E.B, ELECTRICAL CIRCLE, THODUPUZHA TO PETITIONER. EXT.P2 TRUE COPY OF HALL TICKET ISSUED BY P.S.C TO THE PETITIONER. EXT.P3 TRUE COPY OF SHORT LIST OF SUB ENGINEERS PUBLISHED BY P.S.C DATED 31/3/2006 EXT.P4 TRUE COPY OF COMMUNICATION DATED 24/06/2006 ISSUED BY P.S.C TO PETITIONER EXT.P5 TRUE COPY OF JUDGMENT DATED 13/07/2006 IN W.P.(C). NO.27540/2005 \\TRUE COPY// P.A.TO JUDGE T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.32696/2006-P and 14107/2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of March, 2009 J U D G M E N T Mainly these writ petitions concern with the challenge against the method of the P.S.C in preparing the short list by adopting cut off marks. The petitioners, contend that the short list should have been enlarged. 2. The issue is covered now in the light of the decision of the Full Bench decision in W.P.(C).No.11916/2005 and connected cases. It has been laid down that the P.S.C has no power to fix cut off marks in the absence of any provision in the notification inviting the applications or in the rules. The Full Bench has considered the matter in detail and has accepted the method adopted by the Commission, wherein short list has been prepared by taking various factors like number of vacancies reported, etc. The writ petitions are therefore, disposed of in the following terms:- 3. The petitioners will file before the Secretary of the Commission, within three weeks from today, their claims and objections in regard to the publication of the main list of the short list. They will be offered a personal hearing by the Secretary and within eight weeks from the W.P.(C) Nos.32696/2006 & 14107/2008 -:2:- date of submission of the objection, appropriate orders will be passed and communicated to the petitioners. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms