High Court Kerala High Court

Satheesh Chandran.A vs Kerala Public Service Commission on 25 May, 2010

Kerala High Court
Satheesh Chandran.A vs Kerala Public Service Commission on 25 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10288 of 2010(I)


1. SATHEESH CHANDRAN.A,
                      ...  Petitioner

                        Vs



1. KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. THE DISTRICT OFFICER,

                For Petitioner  :SRI.J.HARIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/05/2010

 O R D E R
                         ANTONY DOMINIC, J.
                       ================
                   W.P.(C) NO. 10288 OF 2010 (I)
                  =====================

               Dated this the 25th day of May, 2010

                            J U D G M E N T

Petitioner is presently a Head Constable. In response to the

notification issued by the PSC, he applied for the post of

Confidential Assistant Grade II. In Ext.P3 ranked list published, he

was included at Rank No.9 in the direct recruitment quota and

Rank No.1 in the by transfer category. By Ext.P4, petitioner was

advised for appointment under the direct recruitment quota.

Thereupon, he states that he made Ext.P5 representation

requesting the PSC to advise him in the by transfer category as

otherwise petitioner realised that he will be incurring financial

loss. To this, he got Ext.P6 reply stating that in view of Ext.P4

advise, he has been removed from the ranked list on the basis of

Rule 18(iii) of the PSC Rules of Procedure. It is thereupon that this

writ petition has been filed praying to quash Ext.P6 and to direct

the respondents to retain the name of the petitioner in the ranked

list in the category of recruitment by transfer in Ext.P3 ranked list.

Rule 18(iii) of the PSC Procedure Rules reads as under:

18(iii)A candidate whose name has been included in
more than one Ranked List for the same post in the

WPC No. 10288/10
:2 :

Same department/Various departments finalized on
the basis of the very same notification under different
methods of recruitments/appointments and when such
a candidate is advised by the Commission for
recruitment from anyone of the aforesaid Ranked Lists,
his name shall be removed from the other Ranked
List/Lists.

2. There is no challenge to this Rule. A perusal of Exts.P1

and P2 show that it was under the very same notification the

applications were invited, though for different methods of

recruitment. If that be so, by force of Rule 18(iii), once a person is

appointed to one of the categories, he is liable to be removed

from the other category. If that be the case, petitioner’s name

could not have been retained in the ranked list once he was

advised by Ext.P4.

3. Learned counsel for the petitioner submits that since

he was the only candidate included in the by transfer category,

once he is removed from the list, it will not be possible for the PSC

to maintain the ratio. Since under Rule 18(iii) and in view of

Ext.P4, petitioner was liable to have been removed from the

ranked list, it is upto the PSC to do the needful for maintaining

WPC No. 10288/10
:3 :

ratio, but that does not however mean that inspite of Rule 18(iii),

the petitioner’s name should be retained in the list. I see nothing

objectionable in Ext.P6.

Writ petition is dismissed.

ANTONY DOMINIC, JUDGE
Rp