IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 20031 of 2006(I) ----------------------------------- PETITIONER(S): ----------------------- S.VIJAYAN, THIRD GRADE OVERSEER, P.W.D. ROADS SECTION, CHELAKKARA, THRISSUR DISTRICT. BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SMT.C.V.RAJALAKSHMI SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENT(S): ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION (K.P.S.C. IN SHORT), REP. BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. 3. SEBASTIAN.T.J, THONAKARA HOUSE, KARALIKONAM, ARKANNOOR.P.O, AYOOR, KOLLAM. 4. UNNIKRISHNAN NAIR.K, KRISHNA BHAVAN, ARAYOOR.P.O, VIA. AMARAVILA, THIRUVANANTHAPURAM. 5. SIVAJI.M.R, KOTTAPPURAM HOUSE, MAYYANAD.P.O, KOLLAM. 6. JOY SEBASTIAN, CHITTINAPPILLY HOUSE, MUNNOORPPILLY, EZHATTUMUGHAM.P.O, ERNAKULAM. 7. IBRAHIM.C, NOOR MAHAL, PATTARKADAVU.P.O, MALAPPURAM DISTRICT. 8. JOSE.A.O, ARAKKAL HOUSE, NAZARATH HOUSE, ANGAMALI.P.O, ERNAKULAM DISTRICT. 9. PRASAD.D, 'PRASANTHI' NEAR SASTHAMKOVIL, MAYYANAD.P.O, KOLLAM. 10. VIDYADHARAN.P, 'PANIKKATHIL HOUSE', MANA LANE, CHEMBUKKAVU.P.O, THRISSUR-20. 11. T.K.KARUNAKARAN, 'THIRUVATHIRA', CHEKKILOD.P.O, VIA.ATHOLI, KOZHIKODE. BY ADVS. SRI.P.C.SASIDHARAN, SC, KPSC FOR R1 & R2. SRI.K.SUBASH CHANDRA BOSE FOR R3, 4, 5 & 9 SRI.ELVIN PETER P.J. FOR R6 TO R8, R10 & R11 SRI. SEBASTIAN T.J. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 20031 of 2006(I) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION ISSUED BY THE P.S.C. IN CATEGORY NO. 169/2003. P2: TRUE EXTRACT OF THE SHORT LIST OF ASST. ENGINEER, P.W.D. IN CATEGORY NO. 169/2003 DATED 26-10-2005 PUBLISHED BY P.S.C. P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE CHAIRMAN, P.S.C. DATED 05-11-05. P4: COPY OF THE RANKED LIST NO. 40/2006/SS IV PUBLISHED BY P.S.C. FOR ASST. ENGINEERS (CIVIL). P5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE CHAIRMAN, P.S.C. DATED 03-03-2006. P6: COPY OF THE REPLY NO. G.R.C.(2)82/06 GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20031 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2011 J U D G M E N T The petitioner participated in the selection process for appointment of Assistant Engineers in the Public Works Department of the Government of Kerala under the 6% quota set apart for departmental candidates. Notified vacancies were 13. The Kerala Public Service Commission has published Ext.P4 short list containing names of 11 persons. The petitioner's grievance is that, when the number of vacancies were 13, three times the number of vacancies should have been included in the ranked list and therefore the rank list confining to 11 persons is illegal and unsustainable. The petitioner therefore seeks the following reliefs: “i) to issue a Writ of Certiorari or such other appropriate Writ order or direction quashing Ext.P2 Short List published by P.S.C. dated 26.10.2005 for appointment to the post of Assistant Engineer (Civil) in P.W.D. under 6% quota; ii) to issue a Writ of Certiorari or such other appropriate Writ, order or direction quashing the Final Ranked List published by P.S.C. on 20.3.2006 for appointment to the post of Assistant Engineer (Civil) in P.W.D. in the departmental quota; iii) to declare that the P.S.C. has no authority to fix the W.P.(C)No. 20031 of 2006 -2- minimum cut off mark for preparing the Short List while the process of selection is conducted in any recruitment;" 2. The P.S.C. has filed a counter affidavit wherein the reason for confining the number of persons included in the ranked list to 11, is stated in paragraph 6 thereof, which read as follows: “6. It is submitted that the contentions of the petitioner regarding the impugned action, it is stated that KPSC Rules of Procedure Part I Rule II (iii) says that 'A decision as to the minimum or minima of marks for inclusion in the ranked list shall be taken by the Commission in respect of all selections made by them'. In the instant case the number of vacancies notified is 12 and even after lowering the minimum marks for inclusion in the short list to 10, only 14 candidates could be included and only after including 14 candidates the short list 3 are found not having the required qualification as per notification and hence deleted from the short list which resulted in the strength of the ranked list to 11. Other than the 12 vacancies notified in the gazette there existed no reported vacancies for the post during the preparation of short list. It is submitted that the all the twenty-seven candidates included in the previous ranked list for the post were advised for appointment and the ranked list was exhausted to 24.3.03.” The list has already expired on 19.03.2009. In the above circumstances, there is no point in considering the matter on merits. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE