High Court Kerala High Court

K.A.Mony vs The Commissioner Of Excise on 12 March, 2008

Kerala High Court
K.A.Mony vs The Commissioner Of Excise on 12 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 117 of 2007(B)


1. K.A.MONY, S/O.PALLIYAN,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER OF EXCISE,
                       ...       Respondent

2. THE ASSISTANT EXCISE COMMISSIONER,

3. KERALA PUBLIC SERVICE COMMISSION,

4. THE DISTRICT OFFICER,

                For Petitioner  :SRI.C.T.SOMAN

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :12/03/2008

 O R D E R
                         J.B. Koshy & K. Hema, JJ.
                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                              W.A.No. 117 of 2007
                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                 Dated this the 12th day of March, 2008

                                    JUDGMENT

Koshy,J.

Appellant is the 8th rank holder in the select list published by the

Kerala Public Service Commission. The above list expired on 18-11-2005.

The appellant belongs to Scheduled Caste Community. Only 8 vacancies

were reported during the period of currency of the list. Among the selected

candidates, rank No.3 belonged to Scheduled Caste Community. Since

vacancy arose for Scheduled Caste quota before his turn on merit came, he

was advised in the S.C. quota. The first appointment was given to

candidate from O.B.C. in the carry over vacancy, even though that person

was ranked below the appellant in the merit list. Considering the communal

rotation and reservation, the 8th rank holder the appellant was not given

appointment. The next turn of S.C. candidates is only 24th in the roster. It

is also submitted that higher rank holders in the open quota were also not

appointed. Rank 5 in the open quota was not appointed The appointments

were done in all the reported vacancies as per the quota fixed. Since

WA 117/07 -2-

validity of the list is already over, no further appointment can be made from

the above list.

2. In the above circumstances, there is no irregularity and we see no

ground to differ from the judgment of the learned Single Judge. Hence, the

appeal is dismissed.

J.B. Koshy, Judge

K. Hema, Judge.

mn.