IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1476 of 2005()
1. UNNIKRISHNAN C.P.,
... Petitioner
2. SUDHIR SANKAR, ESKAY HOUSE,
Vs
1. THE KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE DISTRICT OFFICE,
3. DIRECTOR OF ANIMAL HUSBANDARY DEPARTMENT
4. THE DISTRICT ANIMAL HUSBANDRY OFFICER,
5. STATE OF KERALA, REP. BY SECRETARY,
For Petitioner :SMT.V.P.SEEMANDINI (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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W.A.No.1476 of 2005
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Dated 28th November, 2008
JUDGMENT
Koshy,J.
Appellants/petitioners applied for appointment to the post of
“Live Stock Inspectors” in Malappuram District, pursuant to Ext.P5
notification published by the Public Service Commission. Petitioners
applied in general quota as well as Ex-servicemen quota. Petitioners
were selected by Ext.P2, list reserved for Ex-servicemen quota. That list
was finally published only on 27.7.1998. It is true that the petitioners
approached this court after expiry of the first list. Contention of the
petitioners is that the second list regarding Ex-servicemen quota was
published only in 1998. That list will be alive for three years from that
date and, therefore, that list was alive and there were vacancies.
Contention of the Public Service Commission that it will be treated as a
supplementary list and it will exhaust with the expiry of main list cannot
be accepted. It is a separate list prepared for Ex-servicemen and it will
be valid for three years from the date of publication of the list. But, at
the same time, rank list for Ex-servicemen can be considered only for the
quota reserved for Ex-servicemen. According to the Public Service
Commission, only 10% of the cadre strength is fixed as the quota
W.A.1476/2005 2
reserved for Ex-servicemen and already 19 persons were appointed
and, therefore, from that list, even if valid at the time of filing of the
writ petition, further appointment cannot be made as Ex-servicemen
quota was fully exhausted. Therefore, petitioners cannot claim
benefit from the Ex-servicemen quota further. In the above
circumstances, we dismiss this writ appeal.
J.B.KOSHY
JUDGE
THOMAS P. JOSEPH
JUDGE
tks
