IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 18637 of 2007(R) ----------------------------------------- PETITIONER(S): ---------------------- 1. MANOJ MOHAN, "USHAS", CHEERANICKARA P.O. VEMBAYAM, THIRUVANANTHAPURAM. 2. VINOD V., THEKKEKATTIL VEEDU, MADHAVAPURAM, THIRUVANANTHAPURAM. 3. JAYASANKAR V.R., KOTTAPPURATHU VEEDU THOTTAVARAM, ATTINGAL, THIRUVANANTHAPURAM. 4. BIJU B.K., RAVEENDRASADANAM, PERUKAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. COMMANDANT, SPECIAL ARMED POLICE (SAP), PEROORKADA, THIRUVANANTHAPURAM. W.P.(C) NO.18637/2007 5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 6. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.T.B.HOOD ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R5 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, ALONG WITH WPC NO.11916 OF 2005 AND CONNECTED CASES THE COURT ON 16/03/2009 DELIVERED THE FOLLOWING: W.P.(C) NO.18637/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTIFICATION WHICH APPEARED IN MATHRUBHUMI THOZHIL VARTHA DT. 9.7.05. P2:- COPY OF THE SHORT LIST WHICH APPEARED IN MATHRUBHUMI THOZHIL VARTHA. P3:- COPY OF THE RANKED LIST. P4:- COPY OF THE CHART SHOWING THE NUMBER OF CANDIDATES SELECTED FROM THE RANKED LIST 2002 AND 2007. P5:- COPY OF THE NUMBER OF CANDIDATES SELECTED FOR EACH COMMUNITY FOR THE POST OF POLICE CONSTABLE IN A.P.BATTALIAN. P6:- COPY OF THE NEWS REPORT WHICH APPEARED IN KERALA KAUMUDI DT. 31.5.07 P7:- COPY OF THE COLUMN WHICH APPEARED IN MATHRUBHUMI THOZHIL VARTHA DT. 16.6.07. P8:- COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA THOZHIL VEETHI DT. 2.6.07. P9:- COPY OF THE APPLICATION DT. 18.5.07 FILED BY THE 4TH PETITIONER TOGETHER WITH RECEIPT. P10:- COPY OF THE DECISION IN AJAYAN V. STATE OF KERALA 2006(3) KLT 854. TRUE COPY P.S. TO JUDGE TSS ANTONY DOMINIC, J. ----------------------------------------- W.P.(C) Nos.18637, 23900, 9833,21033, 11105,18893,21735, 18588, 19186, 14846, 3244 & 15805 OF 2007 -------------------------------------------- Dated this the 6th day of August, 2007 REFERENCE ORDER These writ petitions involve challenge to the recruitment of Constables in the Armed Force Battalion. The petitioners' contention is that the list prepared by the Public Service Commission is too inadequate to fill up the vacancies and therefore what they are seeking is a direction to enhance the number of candidates in the select list published by the Public Service Commission. It is their contention that the Public Service Commission had fixed cut off marks in an unrealistic manner and as a result thereof, eligible candidates have been excluded. In support of their contention, the petitioners are heavily relying on a Division Bench decision of this court in Ajayan Vs. State of Kerala [ 2006 (3) KLT 854]. I notice that the correctness of the aforesaid judgment has been doubted by a Learned Single Judge in W. P (C ) Nos.11916 W.P.(C) Nos.18637 & conn cases : 2 : of 2005 and 23272 of 2006 and those cases have been referred to be heard by a Division Bench of this Court. Since the correctness of the judgment relied on by the petitioners is pending consideration of the Division Bench, it is only proper that these cases are also to be heard along with the cases that are already referred. Accordingly, these cases may be posted along with W.P. (C) Nos.11916/2005 and 23272 of 2006. ANTONY DOMINIC, JUDGE. ma