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.
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W.P.(C) No.30148 of 2008
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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
4
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.