Petition challenged failure to operate rank list for Service Commission vacancies. Bench held rank list cancelled on 6.5.2006; vacancies reported post-expiry. Petitioner cannot be directed for appointment. Writ dismissed.
No direction issued to Public Service Commission to operate rank list for vacancies reported after its expiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931
WP(C).No. 8681 of 2007(H) -------------------------
PETITIONER:
BABU C.K,CHERUKUNNUMMAL HOUSE, NOCHAD P.O,NADUVANNUR (VIA),KOZHIKODE DISTRICT.
BY ADV. SRI.O.D.SIVADAS
RESPONDENTS:
BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI,J.
W.P ( C) No.8681 of 2007
Dated this the 15th October,2009
J U D G M E N T
Petitioner was included in the rank list for Last Grade Servants, which was published on 07/05/2003. Rank list was operated. According to the petitioner, 2 NJD vacancies were reported. But the PSC did not further operate the rank list as against the NJD vacancies.
"The Commission finalised a ranked list for the post of Last Grade Servants in the various departments in Kozhikode district on 07.05/2003 and after running the maximum period of validity the rank list stands cancelled on 06/05/2006. No vacancy fresh or NJD is pending with the Commission as on the date of cancellation of the rank list. It is submitted that the petitioner is included in the ranked list as Rank No.839 (Thiyya) and not advised as enough vacancies were not available at the time of cancellation of the rank list.
W.P ( C) No.8681 of 2007
2
the date of cancellation of the rank list. It is further stated in paragraph 5 of the counter affidavit that three NJD vacancies pertaining to 'Ezhava' community were reported in July, 2006, December 2006 and February 2007 after the expiry of the rank list.
In these circumstances, no further direction could be issued to the Public Service Commission. Writ petition is dismissed.
(V.GIRI,JUDGE)
ma
W.P ( C) No.8681 of 2007
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W.P ( C) No.8681 of 2007
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2 issues framed by the court
Whether the court can direct the Public Service Commission to operate the rank list for 'Ezhava' community vacancies reported after the list's expiry.
Whether the petitioner is eligible for appointment against the reported Non-Judicial Department vacancies.
BABU C.K
THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,KOZHIKODE
THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
