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.
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W.A.No. 117 of 2007
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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.