IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 27265 of 2009(C) -------------------------- PETITIONER(S): --------------- SAJAN.J., S/O. Y.JOHN, THENGAVILACHARUVIL, KOTHAPURAM, KARALI.J.N.,(PO) (VIA) SASTHAMKOTTA (VIA) KOLLAM 690543. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): --------------- 1. THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD REP. BY THE SECRETARY, VIDHUDIBHAVAN, PATTOM THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION REP. BY IT SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. DEVANANT.G., PATHICKAL, POOCHAPARA, DEVARUPARA.P.O., THODUPUZHA, IDUKKI-685588. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC MR.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27265 of 2009 (C) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T Ext.P1 is a ranked list published by the Kerala Public Service Commission for the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board. The petitioner is a Latin Catholic candidate. He is included at Rank No.793 in the main list. His grievance is that points reserved in the roster for LC community are being filled up by advising candidates belonging to SC/ST community. 2. It is stated that such advice is stated to be issued for compensating the past NCA points to compensate the loss caused to SC/ST categories due to their nonavailability. The petitioner’s case is that such compensatory advice in terms of the note incorporated to Rule 15 of Part II KS & SSR is against the provisions contained in Rule 17 of the said Rules. It is also stated that it is also unreasonable now to compensate the loss, if any, caused to SC/ST categories long in the past and thus to deprive the rightful claims WP(C) No.27265/2009 -2- of LC candidates like the petitioner to get advised against the vacancies reserved for them. 3. Admittedly, SC/ST candidates are now advised against the points reserved for LC candidates to compensate the loss suffered by the SC/ST candidates due to their nonavailability when LC candidates were advised and derived additional benefits. This is permissible in terms of the note to Rule 15(a) of Part-II KS & SSR, which provides that all pending uncompensated turns of vacancies such as temporarily passed over, no candidate available and non- joining duty as on 02/02/2006 shall be compensated. Therefore, if the note is to be applied, the PSC is bound to compensate the SC/ST candidates, who have lost their opportunity to be advised on account of non-availability of candidates of that category some time in the past. This contention of the petitioner is also covered against him in view of the judgments in Writ Appeal No.2420/2007 dated 16/11/2007 and in Ranjith v. High Court of Kerala (2009(4) KLT 759). In the judgment in Renjith's case, this Court has also dealt with the contention regarding the belated advice to compensate the loss caused to a community, and it has been held that there is no WP(C) No.27265/2009 -3- question of any limitation in this regard. 4. As regards the case of the petitioner regarding the violation of Rule 17 is concerned, true, Rule 17 provides the percentage of reservation. However, in my view, such percentage provided in Rule 17(2) (a) (i) can have no relevance when compensatory advices are made in the circumstances pointed out above. Therefore, I do not find any merit in the contention raised in this writ petition, that is against the advice of SC/ST candidate against LC point for compensating the passed over point. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg