IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 37096 of 2007(N) --------------------------------------- PETITIONER: ------------------- GANGADEVI.K., RESIDING AT IRIPPAKKAL HOUSE, SOUTH MANKUZHY MURI, BHARANICAVU VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI, ADV. SMT.SABINA JAYAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL, ADV. SRI.ALEXANDER THOMAS, SC,KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008 ALONG WITH W.A.NO. 1697/2007 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.37096 of 2007 ------------------------- Dated this the 26th day of March, 2008. ORDER OF REFERENCE The petitioner is a member of a Scheduled Caste and is included in the rank list published by the Public Service Commission (for short “the Commission”) for the post of Engineering Assistant (Electronics)/Overseer Grade-I (Electronics) in the Public Works Department. Petitioner is included as serial No.1 in the supplementary list. 2. Going by the statement filed on behalf of the 3rd respondent, the vacancy position as on the date of filing the statement is 2. The said vacancies have been reported to the Commission. Those two vacancies are pending advice. The petitioner has a specific case that serial No.9 in the main list is a Scheduled Caste candidate. The Commission has already advised 22 candidates from the list and serial No.9 would have been selected on merit and not as a Scheduled Caste candidate. It is submitted that W.P.(C).NO.37096/07 :: 2 :: 20 persons are already advised. In the circumstances, though included in the list as serial No.1 in the supplementary list, she is the next Scheduled Caste candidate in the list to be advised. It is claimed that, therefore, the petitioner is entitled to be advised. 3. Learned standing counsel for the Commission submits that this depends upon whether Serial No.9 was advised against her turn available to a Scheduled Caste candidate or in open category and as per instructions, he submits that serial No.9 is advised against a Scheduled Caste turn. He further submits that the question as to whether the candidate is entitled to reservation and is to be treated as advised against the vacancies for the reserved community, even in cases where he/she is otherwise entitled to be advised against a turn, which arose in open merit category, is a question, which is already engaging the attention of the Division Bench. 4. In the circumstances, I am of the view that the issue in this case also merits consideration by the Division Bench. W.P.(C).NO.37096/07 :: 3 :: 5. Accordingly, I adjourn this writ petition to be heard by a Division Bench under Section 3 of the Kerala High Court Act. Place the papers before the Hon'ble the Chief Justice for appropriate orders. Sd/- (V.GIRI) JUDGE sk/ //true copy//