IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 13116 of 2011(L) ---------------------------------- PETITIONER(S): -------------------- 1. SULAIKHA P., NANDOTH HOUSE, CHERUKARA, THARUVANA P.O., WAYANAD-670732. 2. SABU M.N., SAB MANZIL, ANDOOKONAM P.O., THIRUVANANTHAPURAM-695584. 3. NAZER A., AREEKKAPURATH HOUSE, ELLUMANNAM P.O., MANANTHAVADI, WAYANAD-670642. BY DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE ADVS.SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN RESPONDENT(S): --------------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY. 2. DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, WAYANAD-673121. 3. DISTRICT MEDICAL OFFICER, HEALTH SERVICE DEPARTMENT, WAYANAD-673121. R1,2BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY GOVT. PLEADER SRI. L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13116/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RANKED LIST DATED 18/09/2007. P2: COPY OF THE APPOINTMENT CHART. P3: COPY OF THE REPLY DATED 15/05/2009 P4: -DO- DATED 27/08/2009. P5: -DO- DATED 03/03/2009 P6: -DO- DATED 09/09/2009 P7: -DO- DATED 09/12/2010 P8: -DO- DATED 13/11/2009 P9: -DO- DATED 21/07/2009 P10: -DO- DATED 24/06/2009 P11: -DO- DATED 25/07/2009 P12: -DO- DATED 07/07/2009 P13: -DO- DATED 03/07/2009 P14: -DO- DATED 12/11/2009 P15: -DO- DATED 25/07/2009 P16: -DO- DATED 30/07/2009 P17: -DO- DATED 30/10/2009 P18: -DO- DATED 17/11/2009 P19: -DO- DATED 07/07/2009 P20: -DO- DATED 09/06/2009 P21: -DO- DATED 03/07/2009 P22: -DO- DATED 15/07/2009 svs ...........2/-.... ...2... WPC. NO.13116/2011 P23: -DO- DATED 13/07/2009 P24: -DO- DATED 20/07/2009 P25: -DO- NO.209/09 DATED NIL P26: -DO- DATED 02/07/2009 P27: -DO- DATED 27/06/2009 P28: -DO- DATED 23/06/2009 P29: -DO- DATED 22/07/2009 P30: -DO- DATED 24/07/2009 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.13116 of 2011 ---------------------------- Dated 11th August, 2011 JUDGMENT The petitioners are rank holders in Ext.P1 list drawn for appointment to the post of Junior Health Inspector Grade-II in Wayanad District, by the Kerala Public Service Commission. Their names figured in the main list as Rank Nos.29, 43 and 57 respectively. The petitioners belong to Muslim community. It is contended that from Ext.P1 ranked list rank No.8 who belongs to Muslim community alone was advised and appointed. According to the petitioners, four Muslim candidates should have been advised and appointed from Ext.P1. Ext.P1 list will have validity only up to 31.8.2011. The further grievance of the petitioners is that despite the existence of several vacancies in the post of Junior Health Inspector Grade II in Wayanad District, the third respondent is not taking appropriate action to report all such vacancies so as to enable respondents 1 and 2 to effect advice from Ext.P1 ranked list. 2. A counter affidavit has been filed on behalf of respondents 1 and 2. The contention that only one Muslim candidate was advised and appointed from Ext.P1 list as against the entitlement for advice and appointment of four Muslim candidates from the list has WP(C).No.13116/2011 2 been refuted. The said contention was met by respondents 1 and 2 in the counter affidavit. It is stated thereunder that in the instant case the rotation started from MR II 86M. In the new list, the Muslim Community candidates could not claim all the turns otherwise entitled to the community on account of the extra benefit derived by the Muslim Community against the turn of other communities owing to the paucity of candidates from such communities during the previous selection. As Muslim Community had derived extra benefit in terms of the provisions under Rule 15(a) to the Kerala State & Subordinate Services Rules (for short `KS & SSR') all pending uncompensated turns of vacancies, as on 2nd February, 2006 shall have to be compensated. In paragraph 9 of the counter affidavit it has been stated that while working out the rotation for 17 vacancies there arose only two Muslim turns viz., MR II 86M and MR II 96 M. The said turns have to be compensated for the reason that Muslim community derived extra turns in the previous selection. Such turns were given in the following manner:- Sl. No. Turns against which Muslim Community derived extra benefit Date Date in which compensation made Turn in which compensation satisfied 1 MR II 44 ST 09/03/95 23.1.2008 MR II 86 M 2 MR II 44 ST 12/05/03 13.7.2010 MR II 96 M 3 MR II 64 SC 12/05/03 Still to be compensated WP(C).No.13116/2011 3 It is submitted by the learned Standing Counsel that the Kerala Public Service Commission has only followed the rules of rotation and also rules of reservation especially taking into account the provisions under the note to Rule 15(a) of Part II of the KS & SSR. In the said circumstances, it is contended that there is absolutely no basis for the contention of the petitioners that the action on the part of the respondents in not advising four Muslim candidates from Ext.P1 is illegal. In view of the said position obtained from the counter affidavit which stood undisputed I am of the view that there is no reason for this Court to interfere with the working out of rotation and the consequential advice effected by the Kerala Public Service Commission from Ext.P1 list against the aforesaid turns. Therefore, the contention of the petitioners on the said issue cannot be countenanced. 3. Admittedly, the list in question is to expire shortly. The specific contention of the petitioners is that several vacancies in the cadre of Junior Health Inspector Grade II are available in Wayanad District. It is only the inaction on the part of the third respondent that disables respondents 1 and 2 from effecting further advice from Ext.P1 ranked list. Taking note of the fact that Ext.P1 list would be expiring shortly, the third respondent is directed to report all available vacancies WP(C).No.13116/2011 4 in the cadre of Junior Health Inspector Grade II to the second respondent forthwith. The third respondent shall also report all the subsequently arising vacancies as well in such a manner to reach the same before the second respondent on or before 5 p.m. on the date of expiry of Ext.P1 ranked list. This writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS