IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 31449 of 2011(E) -------------------------------------- PETITIONERS : ----------------------- 1. BINDYA V.S., W/O.SAJU, AGED 30 YEARS, BINEESH BHAVAN, KAKKATHANAM, THILAPULLY P.O., KOTTARAKKARA, KOLLAM DISTRICT. 2. PRIYA U.G., W/O.MOHANAN, AGED 32 YEARS, KARUNA BHAVAN, PULIVILA JUNCTION, ANTHAPILAVU, PATTAZHI, KOLLAM DISTRICT. BY ADVS. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) SMT.DENNIS VARGHESE RESPONDENTS : --------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO ANIMAL HUSBANDRY DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM -695 031. 2. DIRECTOR OF ANIMAL HUSBANDRY DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. 3. DISTRICT ANIMAL HUSBANDRY OFFICER, CIVIL STATION, KOLLAM-PIN-691 013. 4. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 001. 5. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOLLAM, PIN-691 001 6. DISTRICT EMPLOYMENT EXCHANGE OFFICER, KOLLAM PIN-691 001 DSV/- WP(C).No. 31449 of 2011(E) 7. SMT. MEERA V., KUTTIKATTIL VEEDU, MAINAGAPPILLY P.O., SOUTH MAINAGAPPILLY, PIN-690 569. 8. SMT.MANJU BEEGAM A., KOCHUKAREZHUTHU HOUSE, KANNIMALACHERRY, SAKTHIKULANGARA KOLLAM, PIN-690 569. R1, R2, R3, R5 & R6 BY SENIOR GOVERNMENT PLEADER SRI. E.M. ABDUL KHADER R4 BY ADV. SRI. P.C. SASIDHARAN ,SC FOR K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 31449 of 2011(E) APPENDIX PETITIONERS' EXHIBITS : EXT.P1:- COPY OF RANKLIST DTD 01/12/2010 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.P2:- COPY OF NOTICE DTD 11/11/2011 ISSUED BY THE 3RD RESPONDENT TO THE 7TH RESPONDENT. EXT.P3:- COPY OF THE NOTICE DTD 11/11/2011 ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT. EXT.P4:- COPY OF THE REPRESENTATION DTD 20/09/2011 PREFERRED BY THE PRESIDENT OF THE LIVE STOCK INSPECTOR'S RANK HOLDER'S ASSOCIATION BEFORE THE IST RESPONDENT. EXT.P5:- COPY OF THE LETTER DTD 14/11/2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P6:- COPY OF AMENDMENT PORTION OF SPECIAL RULE. RESPONDENTS' ANNEXURES : ANNEXURE R3 (A) COPY OF THE LETTER NO.QRI (1) 3581/2006 DATED 27.01.2011. ANNEXURE R3 (B) COPY OF THE NON-AVAILABILITY CERTIFICATE NO.QRI (1)3581/06 DATED 29.06.2011. ANNEXURE R3 (C) COPY OF THE NON-AVAILABILITY CERTIFICATE NO.QRI (1) 3581/06 DATED 19.07.2011. ANNEXURE R3 (D) COPY OF LETTER NO.K4/28042/2009 ESTT. DATED 31.05.2010 OF THE DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. /TRUE COPY/ P.A. TO JUDGE DSV/- K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31449 OF 2011 ----------------------------------------------------------- Dated this the 16th December, 2011. JUDGMENT The petitioners are persons who have been ranked in Ext.P1 rank list prepared by the Kerala Public Service Commission (PSC for short) for appointment to the post of Live Stock Inspector Gr.II. They have filed this writ petition complaining that instead of advising candidates from Ext.P1 rank list, proceedings have been initiated to appoint persons on temporary basis through the Employment Exchange. Exts.P2 and P3 are produced to show that such action is being pursued by the third respondent. Therefore, they have filed this writ petition seeking appropriate directions to compel the respondents to advice candidates from the PSC rank list. 2. A statement has been filed on behalf of the third respondent wherein, it has been submitted that there are five vacancies of Live Stock Inspectors Gr.II available. Out of the above, three vacancies are set apart from departmental candidates. However, the question of making appointments to the said vacancies under the 15% quota earmarked for class IV employees is WPC 31449/2011 2 the subject matter of challenge in W.P(C) 20163/2009 pending before this Court. 3. Therefore, the PSC is not in a position to advise candidates to the said vacancies. The remaining two vacancies are reserved for the Dheevara and Latin Catholic communities. Due to non- availability of candidates for appointment to the said vacancies from the communities mentioned above, it has become necessary to re-notify them in accordance with the procedure stipulated by Rule 15(a) of the Kerala State and Subordinate Service Rules (K.S & S.S.R for short). Therefore, it is pointed out that the recruitment through Employment Exchange has been initiated only in the above circumstances where it is not possible to advise the candidates in Ext.P1 rank list. 4. In view of the above, it has to be held that the apprehension expressed by the petitioners is without any basis. The petitioners are not entitled to any of the reliefs sought for in this writ petition. This writ petition fails and is accordingly dismissed. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31449/2011 3