High Court Kerala High Court

Manoharan.K.K vs State Of Kerala on 24 November, 2008

Kerala High Court
Manoharan.K.K vs State Of Kerala on 24 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30148 of 2008(L)


1. MANOHARAN.K.K, S/O. KUNJAN EZHUTHASSAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. KERALA PUBLIC SERVICE COMMISSION,

3. DISTRICT OFFICER,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :24/11/2008

 O R D E R
                      P.N.RAVINDRAN, J.

                   -------------------------------

                    W.P.(C) No.30148 of 2008

                   -------------------------------

              Dated this the 24th November, 2008.

                         J U D G M E N T

Heard Sri.Shoby K.Francis, the learned counsel

appearing for the petitioner and Smt.Anu Sivaraman, the learned

Government Pleader appearing for the respondents.

2. The petitioner was an applicant for appointment

to the post of Junior Health Inspector Grade II. He belongs to

the Ezhuthassan community, which is a backward class eligible

for reservation. Ext.P3, the ranked list of candidates selected for

appointment to the post of Junior Health Inspector Grade II was

published on 11.9.2007. In Ext.P3, the petitioner is Serial No.72

in Main List No.2. The petitioner claims that he is the fourth

person entitled to be advised in the turn available to backward

communities, that three of them have already been advised in

the open merit quota and as the next eligible candidate, he is

entitled to be advised in the first turn available to other

W.P.(C) No.30148 of 2008

2

backward communities. In this writ petition, the petitioner prays

for a direction to the respondents not to carry forward the

unfilled vacancies of Latin Catholic, Scheduled Caste and SIUC

candidates from the previous selection to compensate those

communities.

2. Respondents 2 and 3 have filed a statement

dated 7.11.2008. It is stated therein that 54 no candidate

available turns are to be compensated to certain backward

communities in the previous selection. It is also stated that out

of the said 54 turns, 6 no candidate available turns are to be

compensated to SIUC/A1-(2), Muslim-(2) and Latin Catholic and

Ezhava- (1 each). It is further stated that four of such no

candidate available turns have been compensated and two are

yet to be satisfied. It is also stated that the petitioner is not the

fourth in the turn, but is the sixth in the turn and that his turn

has not so far arisen. Reliance is also placed on the Note to Rule

15(a) of Part II of the K.S. & S.S.R.

W.P.(C) No.30148 of 2008

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3. I have considered the submissions made at the

Bar by the learned counsel on either side. It is evident from the

pleadings that the petitioner’s turn for advice has not arisen. It

is also evident from the Note to Rule 15(a) of Part II of K.S. &

S.S.R. that all pending uncompensated turns of vacancies

including turns of communities from which no candidate was

available in the previous selection have to be compensated, when

advices are made from Ext.P3 ranked list. In the instant case,

the ranked list was published on 11.9.2007. Going by the

averments in the statement filed on behalf of respondents 2 and

3, two more no candidate available vacancies have to be

compensated to the backward communities. Further, the

petitioner is only the sixth among the backward class candidates

in Ext.P3 ranked list. Therefore, the petitioner cannot complain

about the compensation given to communities eligible for

reservation in the OBC category. Further, his turn has also not

arisen and his right to be advised and appointed will depend on

his seniority position in the ranked list. Hence, the petitioner

cannot seek the reliefs prayed for. The Writ Petition is

W.P.(C) No.30148 of 2008

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accordingly dismissed without prejudice to his right to be

advised, as and when his turn arises as per the ranked list.

P.N.RAVINDRAN,
JUDGE

nj.