IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WA.No. 286 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.1849/2010 Dated 02/06/2010 .................... APPELLANT/PETITIONER: --------------------------- JESSY CHACKO, THADATHIL HOUSE, THULAPPALLY P.O., MUKKUTTUTHARA, KOTTAYAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOTTAYAM. 3. THE DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, KOTTAYAM. R1 & R2 BY ADV. SRI.V. RAJENDRAN, SC, PSC. R3 BY ADV. SRI.T.A.SHAJI,SC,KOTTAYAM DIST.CO-OP.BANK THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 286 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. It is not in dispute that the appellant herein applied for the post of Clerk-cum-Cashier in the service of the District Co- operative Bank, Kottayam pursuant to a notification issued by the Kerala Public Service Commission in the year 2006. 2. In pursuance of the notification, 50% of the vacancies were reserved to be filled up by the employees working in Primary Co-operative Societies which were affiliated to the District Co-operative Bank. Apparently, at the relevant point of time, the present appellant was working as a Secretary to Erumely Scheduled Caste/Scheduled Tribe Co-operative Society Ltd., and she also submitted her application in the quota reserved for the employees of Primary Co-operative Societies. It is also not in dispute that she wrote the written test conducted, and according to her, she resides in a remote place and the intimation for personal verification was never delivered to her. W.A. No. 286 of 2011 -:2:- 3. As we notice from the affidavit of the respondents, apart from the Press Release of the rank list, based on the written test marks, a personal intimation was sent to the candidates to appear for verification of the documents submitted by them. According to them, in the last three years after publication of the rank list, only 18 posts could be filled up so far and the rank list though valid till 31.12.2012, likelihood of the appellant's name, even if she were to appear for verification of documents, would not happen as her ranking would be between Serial No.67 and 68. In other words, according to the respondents, the possibility of the candidature of the appellant to be considered before the expiry of the rank list is not at all there, therefore the question of the appellant having any chance of being selected would not be there, apart from not having a vested a right to seek for such inclusion in the rank list. 4. The learned Judge after considering the entire situation mainly based on the fact that there was issue of Press Release of the rank list indicating the date of verification of documents, the appellant cannot plead non-delivery of the W.A. No. 286 of 2011 -:3:- communication to contend that she was not aware of the date of verification of the documents. Unless a vested right is in favour of the appellant, she cannot seek for inclusion of her name in the rank list. If she has not gone through the Press Release, the respondents can not be found fault with. Even otherwise, the possibility of the appointment up to Serial No.67 and beyond 67 is not foreseen before 31.12.2012. Therefore, even on facts, we are of the opinion that the appellant does not have any right to challenge the orders of the learned Single Judge, which warrants interference. Accordingly the Writ Appeal is dismissed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb