IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WA.No. 117 of 2007(B) --------------------- AGAINST THE JUDGEMENT IN WPC.30633/2005 .................... APPELLANT: PETITIONER:- ----------- K.A.MONY, S/O.PALLIYAN, KOLAL HOUSE, GANDHINAGAR COLONY, ERUMATHALA P.O., ALUVA, ERNAKULAM DIST. BY ADV. SRI.C.T.SOMAN SRI.ELDHO VARGHESE RESPONDENTS: ------------- 1. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, KACHERIPPADY, ERNAKULAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, K.P.S.C.DISTRICT OFFICE, ERNAKULAM. BY ADV. SRI.ALEXANDER THOMAS FOR R3 & R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 117 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 JUDGMENT Koshy,J. Appellant is the 8th rank holder in the select list published by the Kerala Public Service Commission. The above list expired on 18-11-2005. The appellant belongs to Scheduled Caste Community. Only 8 vacancies were reported during the period of currency of the list. Among the selected candidates, rank No.3 belonged to Scheduled Caste Community. Since vacancy arose for Scheduled Caste quota before his turn on merit came, he was advised in the S.C. quota. The first appointment was given to candidate from O.B.C. in the carry over vacancy, even though that person was ranked below the appellant in the merit list. Considering the communal rotation and reservation, the 8th rank holder the appellant was not given appointment. The next turn of S.C. candidates is only 24th in the roster. It is also submitted that higher rank holders in the open quota were also not appointed. Rank 5 in the open quota was not appointed The appointments were done in all the reported vacancies as per the quota fixed. Since WA 117/07 -2- validity of the list is already over, no further appointment can be made from the above list. 2. In the above circumstances, there is no irregularity and we see no ground to differ from the judgment of the learned Single Judge. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge. mn.