IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 23154 of 2007(F) -------------------------- PETITIONERS: ------------ 1. V.G.PRASANNA KUMAR, THIRD GRADE OVERSEER, L.S.G.D SECTION, ETTUMANOOR, KOTTAYAM DISTRICT. 2. SHEEJA PANICKER P.K., THRID GRADE OVERSEER,IRRIGATION DEPARTMENT, QUALITY CONTROL SECTION NO.II KOTTARAKARA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C OFICE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 23154 of 2007 -------------------------- Dated this the 11th March, 2008 J U D G M E N T Petitioners are Third Grade Overseers working in the Irrigation Department. Public Service Commission has issued a rank list for the post of Draftsman/Overseer Gr.I (Civil) (Departmental Quota) in the Irrigation Department as per Exhibit P1 dated 15.3.2004. The rank list expired on 15.3.2008. According to the petitioners, there were 22 vacancies which were reported to the Public Service Commission prior to the expiry of the rank list. Public Service Commission advised 18 candidates and all of them were given appointment. There are four remaining vacancies available for departmental candidates. Hence the writ petition seeking a direction to the 2nd respondent Commission to advice next three candidates from Exhibit P1 rank list for appointment as First Grade Overseers. 2. In the first counter affidavit filed on behalf of the 2nd respondent it was pointed out that petitioners are included in the rank list as Rank Nos.37 and 39 in the open category and W.P ( C) No. 23154 of 2007 2 were not advised as enough vacancies were not available. Thirty eight candidates were advised from the rank list against all the vacancies reported by the appointing authority. There were no vacancies pending with the Commission on the date of expiry of the rank list. The following portion of paragraph 4 of the counter affidavit is extracted hereunder. OC - Upto 33 E - 34 SC - 3 (S/L) LC - 2(S/L) V - 33 (in O/C) OBC - 38 M - 33 (in O/C) The last advice was on 26.6.2007” 3. Petitioners have filed a reply affidavit pointing out that there is an error in the stand taken by the Commission. According to the petitioners, in so far as the reserve turn of Viswakarma and Muslim are concerned, the above extracted portion of the counter affidavit allegedly indicates that the turn was made available as Rank No.33 for both Viswakarma and Muslim. It is contended that the last candidate in the open category from the rank list was Rank No.33. These are irreconcilable factors as mentioned in the first counter affidavit, W.P ( C) No. 23154 of 2007 3 it is contended. An additional affidavit has been filed by the Public Service Commission. Paragraph 3 of the additional affidavit filed by the Commission is extracted below: “It is respectfully submitted that this affidavit is filed to make clear the point regarding the advice of the Viswakarma candidate. It is submitted that all candidates up to Rank No.33 stands advised against the reported vacancies. This would include Sri.Rajappan P.G (Rank No.29 -Viswakarma) who was advised against the only 'Viswakarma turn MR-1-20- Viswakarma. The details shown in the counter affidavit only means that all communities within Rank No.33 stand advised which would include the above candidate who was advised against the Viswakarma turn. In this regard, it is further respectfully submitted that the next turn for Viswakarma as per the rotation roster is MR-1-70-Viswakarma.” 4. I heard the learned counsel for the petitioners and the learned standing counsel for the Public Service Commission Mr.Alexander Thomas. Mr.Alexander Thomas points out that the last candidate in the open category advised from the rank list was having rank no.33. In so far as Viswakarma and Muslim communities are concerned, the reserve turn for the said two communities arose within the rank number 33 and this is all what is indicated in the counter affidavit. Though the same is mentioned in the first counter affidavit, for the sake of clarity, it has been elaborated upon in the additional affidavit. W.P ( C) No. 23154 of 2007 4 In my view, even if there is any lack of clarity in the first counter affidavit filed by the Public Service Commission, it has been made clear in the additional counter affidavit. As facts stated before the Court indicate, 38 vacancies were reported and 38 persons were advised, the last candidate in the open category was having Rank No.33. The turn of Viswakarma arose within Rank No.33, the last reservation turn went to Rank No. 38 OBC. There is no other contra material indicating that any other vacancies were pending advice as on the date of expiry of rank list. For all these reasons, I do not find any merit in this writ petition and the writ petition is accordingly, dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 23154 of 2007 5 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007