IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 15047 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ MANJUSHA.P., D/O.PONNAPPAN, AGED 26 YEARS, MANESH BHAVAN, MANNAM NAGAR P.O., PANDALAM, PATHANAMTHITTA DISTRICT. BY ADVS. SRI. K.SIJU SRI.S.ABHILASH SRI.PRATHEESH.P SMT.BINDU GEORGE RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM-PIN-695 004. 3. SUNDARAN.I., S/O.AYYAPPAN, ILLATHEL HOUSE, MULAMUKKU, PAZHANJI, VELIANKODE P.O., MALAPPURAM- 679579. R1 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR SRI.M.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15047/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 31/7/2007. P2 COPY OF THE NOTIFICATION DATED 21/6/2006 REGARDING THE SHORT LISTING OF CANDIDATES ELIGIBLE FOR INTERVIEW. P3 COPY OF THE LETTER DATED 15/9/2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4 COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT FOR THE POST OF RESEARCH ASSISTANT DATED 27/12/2010. P5 COPY OF THE ADDITIONAL INTERVIEW PROGRAM PUBLISHED BY THE P.S.C FOR THE MONTH OF FEBRUARY, 2011. P6 COPY OF THE ADDENDUM NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT DATED 4/3/2011. P7 COPY OF THE REPRESENTATION DATED 12/5/2011 SUBMITTEDBY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.15047 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2011 J U D G M E N T The petitioner was placed as 3rd rank holder in the supplementary list of scheduled castes prepared by the Kerala Public Service Commission for the post of Research Assistant in the Kerala State Planning Board. Subsequently the 3rd respondent was included as rank No.'IA'. According to the petitioner, the 3rd respondent is not even entitled to be considered for selection since the 3rd respondent did not have the minimum prescribed marks of 55% in the qualifying examination. The petitioner therefore seeks the following reliefs: “i. To issue a writ of certiorari to call for records leading to the Ext.P6 addendum notification regarding the selection of the 3rd respondent and quash the same. ii. To issue a writ of mandamus directing the 2nd respondent to proceed with the advice from the Ext.p4 rank list an the supplementary list attached to it for the available vacancies in the post of Research Assistant in Keralal Planning Board.” 2. In the counter affidavit filed by the 2nd respondent W.P.(C)No.15047 of 2011 -2- in paragraphs 6 & 7 it is stated thus: “6. Subsequently it came to notice of the Commission that weightage marks to meritorious sports men is awarded in the candidate due to an inadvertent mistake on the wrong assumption that the post of Research Assistant belonged to Class III category. The weightage marks are eligible only for direct recruitment to class III and Class IV categories of posts vide G.O. (Ms) No.21/78/GAD dated 11.1.78. 7. The post of Research Assistant belongs to class II post and hence applicants for the post are not eligible for the above weightage marks. Hence the inclusion of the candidate by assigning rank awarding weightage marks was an inadvertent mistake and steps have already been taken to cancel his inclusion and to assign him correct Rank based on his relative merit.” The learned counsel for the petitioner submits that, the writ petition may be disposed of recording the averments in paragraphs 6 & 7 of the counter affidavit. Ordered accordingly. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/