IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 11515 of 2008(U) -------------------------- PETITIONER(S): --------------- JINI R.V., SURENDRA MANDIRAM, MARATHUMOOD, MITHIRMALA P.O., KALLARA, THIRUVANANTHAPURAM. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, P.S.C., THIRUVANANTHAPURAM. 4. THE DIRECTOR, L.B.S. CENTRE, THIRUVANANTHAPURAM. ADV. SRI.P.B.SURESH KUMAR SC, LBS CENTRE FOR R4 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.11515 of 2008 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T Heard Sri.J.Omprakash, the learned counsel appearing for the petitioner, and Sri.Alexander Thomas, the learned Standing Counsel appearing for the Kerala Public Service Commission. 2. The petitioner was an applicant for the post of LD typist in Thiruvananthapuram District. The notification inviting applications was issued on 31.12.2005. The last date fixed for receipt of applications was 15.2.2006. The petitioner who has passed the Diploma in Commercial Practice (three year course) as per the revised 1992 syllabus in April, 1996, applied pursuant to the said notification. Though the petitioner was short listed for the written test, when the ranked list was published on 5.12.2007, her name was not included therein. This writ petition was thereupon filed seeking the following relief:- W.P.(C) No. 11515 of 2008 2 “Issue a writ of mandamus directing the respondents 2 and 3 to include the petitioner in the ranked list for the post of L.D.Typists in various departments in the Thiruvananthapuram district pursuant to the notification of the P.S.C. Dated 31.12.2005.” 3. The learned counsel for the petitioner contends that relying on the decision of a Division Bench of this Court in W.A.No.2413 of 2007 and connected cases, that the petitioner is also entitled to be included in the ranked list based on the marks secured by her in the written test, after verification of documents, and that exclusion of her name from the ranked list on the short ground that she has passed the Diploma in Commercial Practice as per the revised 1992 syllabus is bad in law. The Division Bench of this Court in W.A.No.2413 of 2007 has held that applicants who have passed the three year Diploma course in Commercial Practice, as per the revised 1992 syllabus, are also entitled to be considered for selection. This being the situation, I dispose of the writ petition with a direction to the Kerala Public Service Commission W.P.(C) No. 11515 of 2008 3 to call the petitioner for verification of documents by issuing her a memo in that regard and after verification of the records, to include her name in the ranked list. It is clarified that the advice of the petitioner after such inclusion need not result in displacement of the candidates already advised and that the seniority of the candidates already advised also need not be disturbed. P.N.RAVINDRAN, JUDGE nj.