IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH DAY OF NOVEMBER 2011/18TH KARTHIKA 1933 WP(C).No. 11210 of 2010 (A) ---------------------------------------- PETITIONERS: --------------------- 1. ABHILASH K., THATTAMURIYIL, SOUTH MONKUZHY, PULLIKKANAKKU P.O., ALAPPUZHA. 2. BIMAL P.S., PONNALAYAM, PALLACKAL P.O, KAYAMKULAM - 690 503. 3. SUBBASH G., ETTUKANDATHIL HOUSE, NORTH ARYAD P.O., ALAPPUZHA, PIN - 688 542. 4. LAJIMON V.S., VELIMPARAMBU, SOUTH ARYAD P.O., ALAPPUZHA. BY ADV. SRI.A.D.SHAJAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM - 14. 3. CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), THIRUVANANTHAPURAM. 4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, CRESCENT MANSION, SOUTH OF COLLECTORATE, ALISSERY ROAD, ALAPPUZHA DISTRICT - 688 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA, R4 & R5 BY SRI.P.C.SASIDHARAN, S.C, K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.11210/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 25/03/2010 FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 2 & 3. EXT.P.2.A: COPY OF THE RANK LIST NO.138/10/DOO DTD. 29/03/2010 PUBLISHED BY R.4. IN KOLLAM DISTRICT. EXT.P.2.B: COPY OF THE RANK LIST NO. 157/10/ DTD. 08/04/2010 PUBLISHED BY R.4. IN PALAKKAD DISTRICT. EXT.P.3: COPY OF THE EXTRACT OF RANK LIST PUBLISHED DTD. 03/05/2010 BY THE K.P.S.C., IDUKKI DISTRICT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C) No.11210 of 2010 ------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T ---------------------- Grievance voiced by the petitioners is that, with respect to appointment of Forest Guard by the Kerala Public Service Commission, they will not be entitled for the weightage mark (nativity mark) as provided under Section 5A of the KS & SSR, because they belong to Alapuzha District, where there is no forest area. In this regard the petitioners have submitted Ext.P1 representation before the respondents 2 and 3. Since the question involved is one coming within the scope and ambit of the policy decision involved in appointment of Forest Guards, I am of the view that it is for the 2nd respondent to consider the grievance and to take an appropriate decision. 2. Therefore the writ petition is disposed of directing the 2nd respondent to consider Ext.P1 representation and to take an appropriate decision thereof, W.P.(C).11210/10 -2- after affording an opportunity of personal hearing based on a notice to be issued to first among the petitioners. 3. The matter need be considered at the earliest and a decision shall be taken as early as possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment. (Sd/-) C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge