IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WA.No. 2089 of 2007() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.5080/2004 Dated 24/07/2007 .................... APPELLANT/ PETITIONER ------------------------------------- V.S.JAYACHANDRAN, FOREST GUARD, THALAPPUZHA FOREST STATION, THALAPPUZHA, WAYANAD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD DISTRICT. 3. THE DIVISIONAL OFFICER, WAYANAD, MANANTHAVADY. 4. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS ADV. SRI.ALEXANDER THOMAS,SC,KPSC - R1,R2. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.2089 of 2007 ===================== Dated this the 30th day of June, 2008. JUDGMENT Koshy,J. Appellant is a member of Kuruma Community which is a Scheduled Tribe. The Kerala Public Service Commission invited applications by Ext.P1 for appointment to the post of Forest Guard from among the Scheduled Tribe groups, who belong to Adivasis and are solely depending on the forest for their livelihood. The petitioner submitted an application and the said application was entertained. He was selected and included in the rank list. He was advised and appointed by the Public Service Commission by Ext.P6. But his advice was cancelled on the ground that as per the terms of the notification, he should solely depend upon the forest for his livelihood. It is contended that after the Forest Act, nobody can solely depend on the forest. The appellant belongs to Kuruma Community, which is Advasi Scheduled Tribe family living depending on the forest. Ext.P3 WA 2089/07 -: 2 :- certificate shows that he belongs to a Community, which is solely depending on the forest. The rank list was expired. There are vacancies. 2. In the circumstances of the case, we cancel Ext.P9 order issued by the Public Service Commission, so that he can continue in service. We make it clear that the finding in this case is applicable on the facts of this case only. The Writ Appeal is allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 18/7