IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 32341 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. DEEPTHY P.VASAVAN, DEEPTHI BHAVAN, EDAVATTOM, VELLIMON P.O, KERALAPURAM, KOLLAM - 691 511. 2. JESSY V., 33/6295 A, ROHINI, KIZHAKKEPURATH HOUSE, POONKAVANAM ROAD, P.O.CHEVAYUR, CALICUT - 17. 3. NIMISHA K.N., KRISHNA KRIPA, KANNAMPUZHA ROAD, NEAR NIRMALA COLLEGE, CHALAKUDY - 680 307, THRISSUR DISTRICT. 4. SEENA K.M., KEERIKKATTEL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT. 5. ASHA.K., KUTHUKALLINGAL HOUSE, KANDANAD P.O., THIRUVAMKULAM (VIA), ERNAKULAM - 682 305. 6. RANJINI.A.R., ALAKKANDDY HOUSE, VIJAYA HOTEL, THALASSERY ROAD, MANANTHAVADY P.O., WAYANAD DISTRICT - 670 645. 7. RAGI RAJAN M., MANIAMPARAMBIL HOUSE, P.O.MALA, KAVANAD, PIN - 680 732. 8. BINDU BALAKRISHNAN, VALATH HOUSE, MARALOOR P.O., PIN - 680 617. 9. DEEPTHI.L., THOTTAPPILLY HOUSE, STATE BANK QUARTERS, OLLUKKARA P.O., THRISSUR - 680 655. 10. JINESH KUMAR N.S., J.J.BHAVAN, UZHUVA, PATTANAKKAD P.O., CHERTHALA - 688 531. 11. ABHILASH R., PUTHUMANGALASSERIL, KULANGARABHAGOM, CHAVARA P.O., KOLLAM DISTRICT. 12. BINIL B.CHANDRAN, SADANAM, MUTHUKULAM NORTH P.O., ALAPPUZHA DISTRICT - 690 560. 13. ANISH KUMAR S.B., SANKARAMTHADATHIL HOUSE, THOLUR P.O., PARAPPUR VIA. 14. RAJI E.S., EDATTUPARAMBIL HOUSE, P.O.MANNUTHY, PANACHAJAM,PIN - 680 651. 15. S.NISANTH, KRISHNA BHAVAN, S.R.P.MARKET P.O., KOLLAM - 690 539. 16. SHYMA S.M., KARINGATTIL HOUSE, KALLETTUMKARA, VALLAKUNNU, PIN - 680 683. 17. ABITHA RAMACHANDRAN, PARIKKANNITHANAM PUTHEN PURAYIL, KUNNAPPILLY, PERUVA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. MR.RAJESH T., THACHAMVALLY HOUSE, REC P.O., KOZHIKODE - 673 601. 4. MR.SUBIN M.S., MATHAMPLACKAL HOUSE, KAVUMBHAGOM P.O., CHERUVALLY, THEKKETHUKAVALA (VIA), KOTTAYAM - 686 519. 5. MR.VINOD KUMAR T.G., ASWATHY, VPV/1539, KALLAMPOTTA ROAD, NETTAYAM P.O. TRIVANDRUM - 695 013. 6. MR.KURIAKOSE MATHEW.T., THARAVATTATHIL HOUSE, AMAYANNOOR P.O. KOTTAYAM 686 025. 7. MR.PRATHIUSH P.R., THOPPIL VEEDU, THARA 128, THAZHASSERY LANE, PALKULANGARA, PETTAH P.O., TRIVANDRUM 695 024. 8. MR.JUSTIN DAVIS.K., KOLLANUR HOUSE, 4TH STONE, KEYAL ROAD, ARIMBUR P.O THRISSUR 680 620. 9. M/S.DEVI.S., D/O.RAMACHANDRAN PILLAI, PISHARATHU HOUSE, KUMARAPURAM P.O. HARIPAD, ALAPPUZHA - 690 548. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 R2 BY G.P. SHRI SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32341 of 2008-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT The petitioners submitted an application pursuant to Ext.P1 notification, for appointment to the post of Veterinary Surgeon Grade II in the Animal Husbandry Department. Ext.P2 is the rank list which was published on 14.7.2008. According to the petitioners, even though 54 candidates have been advised, no Ezhava candidate has been advised, though according to the principles of reservation some of the posts are reserved for members of Ezhava community. The main ground taken i the writ petition is that the principles of reservation should have been mandatorily complied and there is patent violation of the said principles. 2. The additional affidavit filed by the petitioners shows that the petitioners are ranked in the following manner: 1st petitioner : Rank No.115 2nd petitioner : Rank No.74 3rd petitioner : Rank No.113 4th petitioner : Rank No.158 5th petitioner : Rank No.144 6th petitioner : Rank No.118 7th petitioner : Rank No.254 WPC 32341/2008 2 8th petitioner : Rank No.59 9th petitioner : Rank No.69 10th petitioner : Rank No.143 11th petitioner : Rank No.153 12th petitioner : Rank No.146 13th petitioner : Rank No.267 14th petitioner : Rank No.244 15th petitioner : Rank No.90 16th petitioner : Rank No.222 17th petitioner : Rank No.245 3. The Public Service Commission has filed a counter affidavit explaining the position in respect of the various advices made already. It is pointed out that prior to the amendment of Rule 15(a) of the General Rules of KS & SSR, if a suitable candidate was not available for selection from any particular community or group of communities, the said community or group was passed over and the post was filled up by a suitable candidate from the community or group immediately next to the passed over community or group immediately next to the passed over community or group in the order of rotation. Going by Rule 15(c), the benefit of the turn forfeited to a particular community or group of communities by reason of it being passed over shall be restored to it at the earliest opportunity. After the amendment of Rule 15(a) on 8.8.2006, if a suitable candidate is not available from any community or group, that vacancy has to be kept unfilled and notified separately, but if a candidate is not available from the group WPC 32341/2008 3 classified as SC, the said group shall be passed over and the post shall be filled up by a suitable candidate from ST and vice-versa. The further stipulation is that all the pending uncompensated turns such as TPO, NCA and NJD as on 2.2.2006 shall be compensated. At the time of finalisation of the rank list, as o 14.7.2008, 62 NCA turns were pending to be compensated, out of which 35 turns were to be compensated from Ezhava community. The total number of vacancies reported is 54. The details of the rotation is given in para 6 of the counter affidavit. Even going by the same, 27 NCA Ezhava turns remain to be satisfied. It is therefore pointed out that advice of candidates against the 54 vacancies reported is in tune with the provisions laid down in the rules and there is no illegality in the action taken by the Commission. 4. In the light of the facts pointed out above, the contention raised by the petitioners cannot be accepted. Even now, 27 NCA Ezhava turns remain to be satisfied. The total number of vacancies so far reported are 54, out of which 8 Ezhava turns have arisen and they have been compensated to the communities which had earlier forfeited their benefit to Ezahva community. If that be so, there cannot be any grievance for the petitioners. Apart from that, they being lower in the rank list, there may be candidates from the WPC 32341/2008 4 Ezhava community who will be benefited, if their turn arises in due course after adjustment of the 27 NCA Ezhava turns as pointed out in the counter affidavit. Therefore, the grievance raised by the petitioners has no substance. I do not find any reason to entertain the writ petition. The writ petition fails and the same is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/