IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 38935 of 2003(I) -------------------------- PETITIONER: --------------- B.V.AJITHKUMAR, AGED 27, S/O. N.BHASKARAN NADAR, NARAYANA NILAYAM, MULLOOR, MULLOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 521. BY ADV. SRI.S.V.RAJAN SRI.S.ARUN RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 5. THE TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. 6. B.V.RENA KUMAR, AGED 31, S/O. SRI.VENGANOOR P.BHASKARAN, KUMAR COTTAGE, VENNIYOOR, NELLIVILA P.O., VENGANOOR VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR R6 SPL.GOVERNMENT PLEADER, SRI.P.SANTHOSH KUMAR FOR R1, R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE RANKED LIST UNDER REF.NO.290/03/SSV WITH EFFECT FROM 03.9.2003 PUBLISHED BY THE 2ND RESPONDENT FOR LECTURER IN CARDIOLOGY IN THE MEDICAL EDUCATION DEPARTMENT, KERALA STATE. EXT.P2: COPY OF THE ADDENDUM NOTIFICATION ISSUED BY THE 2ND RESPONDENT UNDER REF. NO.290/03/SSV, THIRUVANANTHAPURAM DT.16.9.2003. EXT.P3: COPY OF THE MARRIAGE CERTIFICATE OF THE 6TH RESPONDENT DT.06.9.2000 ISSUED BY RT.REV.DR.JOHN WILSON GLADSTONE, BISHOP, MATEER MEMORIAL CHURCH (CSI), SOUTH INDIA SOUTH KERALA DIOCESE, THIRUVANANTHAPURAM. EXT.R2(a): COPY OF THE CIRCULAR ISSUED BY THE COMMISSION DT.12.4.2005. EXT.R2(b): COPY OF THE U.O.NOTE ISSUED BY THE COMMISSION DT.26.4.2005. EXT.R2(c): COPY OF THE CIRCULAR ISSUED BY THE COMMISSION NO.19/2006 DT.24.4.2006 //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ---------------------------------- W.P.(C)No.38935 OF 2003 ---------------------------------- Dated this, the 27th day of July, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner was an applicant for appointment to the post of Lecturer in Cardiology in the Medical Education Service. He claimed reservation as one belonging to Hindu Nadar. The 6th respondent herein, according to the petitioner, belongs to Christian Nadar claimed that he belongs to Hindu Nadar and found a place in the rank list published by the PSC. He was included in the supplementary list of Hindu Nadars above the writ petitioner by Ext.P2. Feeling aggrieved by the said action of the P.S.C., this Writ Petition was filed. The rank list, which was published on 3.9.2003, expired on 2.9.2006. The learned Standing Counsel for the P.S.C. submitted that nobody in the turn reserved for Hindu Nadar was advised from the list, as the said turn did not arise as per the roster. In view of the above position, the Writ Petition has W.P.(C) No.38935/2003 2 become infructuous. Accordingly, it is closed without prejudice to the contentions of both sides regarding the caste status of the 6th respondent. (K. BALAKRISHNAN NAIR, JUDGE) (C.T. RAVIKUMAR, JUDGE) ps