IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 463 of 2009(H)
1. GODWIN RODRICKS,KADAVATHUPARAMBIL HOUSE,
... Petitioner
2. M.R.NELSON,MAROTTIPARAMBIL HOUSE,
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE CHAIRMAN,KERALA PUBLIC SERVICE
3. GOVERNMENT OF KERALA REP.BY ITS CHIEF
4. SHIBU.P.L,THUNDUNILAKATHU HOUSE,
5. NIJUMON.S,VALIYAYYATH HOUSE, NEAR
For Petitioner :SRI.P.RAVINDRAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :24/06/2009
O R D E R
K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ.
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R.P. No.463 of 2009 &
W.P(C). No.11831 of 2006
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Dated, this the 24th day of June, 2009
JUDGMENT
Balakrishnan Nair, J.
R.P. No.463 of 2009:
Heard. The Review Petition is allowed and the writ
petition is restored to file.
W.P.(C) No.11831/06:
By consent of the learned counsel appearing for
the parties, the writ petition was heard.
2. The writ petitioners belong to Anglo Indian
community. They were included in the rank list published
by the P.S.C. for the post of Excise Inspector . Their
position was in the supplementary list for Anglo Indians.
The said list was published on 18.3.2004 and it expired on
17.3.2007. Since the petitioners were not advised, though
according to them their turn arose, this writ petition was
filed seeking the following relief:
“a) issue a writ in the nature of
mandamus or such other writ, order or
R.P.No.463/09 & – 2 –
WPC No.11831/06.
direction commanding the 1st respondent
to make necessary correction in the list
published for appointment to the post of
Excise Inspector by placing candidate
belonging to Anglo Indian community in
the slots ear-marked for SIUC and Hindu
Nadar candidates”.
2. The above prayer is plainly untenable for the
following reasons:- (1) In view of the decision of the
Division Bench in Hindu Nadar Corporation v. State of
Kerala, 2000(3) KLT 740, SIUC Nadar has to be segregated
from Hindu Nadar and put separately. Later, SIUC Nadar
was taken from Hindu Nadar and included among OBC. (2).
Later, pursuant to an interim order of the Apex, the SIUC
Nadar was put along with Anglo Indian Community and
allotted turn 38 in the 100 point roster.
3. In view of the said developments, which came
into being pursuant to the judgment of the Division Bench of
this Court and the order of the Apex Court, the relief sought
R.P.No.463/09 & – 3 –
WPC No.11831/06.
for by the petitioners to put the candidates of Anglo Indian
community in the slots earmarked for SIUC Nadar and
Hindu Nadar cannot be granted. At present, there is no
common slot for SIUC Nadar and Hindu Nadar. Therefore,
the writ petition fails and it is dismissed.
Sd/-
K. BALAKRISHNAN NAIR,
JUDGE.
Sd/-
M.L. JOSEPH FRANCIS,
JUDGE.
DK.
(True copy)