LAWS(KER)-2010-10-233

SURESH BABU P Vs. STATE OF KERALA

Decided On October 29, 2010
SURESH BABU.P. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, who belongs to Hindu-Kanakkan community, a scheduled caste, was included in Exhibit P2 ranked list dated 26.6.2004 for selection to the post of High School Assistant (Hindi) in Palakkad District. It is stated that though the ranked list was valid only till 25.6.2007, due to ban on appointment, the ranked list had not operated during considerable period of its validity. However, during the period of currency of Exhibit P2 ranked list, 29 vacancies of HSA (Hindi) were reported to the Kerala Public Service Commission. According to the petitioner, one more vacancy could be filled up by advising one scheduled caste candidate. It is also stated that the other scheduled caste candidates included in the ranked list did not join duty and therefore, the petitioner is entitled to be appointed in the available vacancy earmarked for scheduled caste candidate.

(2.) The reliefs prayed for in the Writ Petition is to issue a writ of mandamus commanding respondents 4 and 5 to advise the name of the petitioner for appointment as HSA (Hindi) in one of the vacancies earmarked for scheduled caste communities and to direct the third respondent to appoint the petitioner.

(3.) A statement dated 27th October, 2010 was filed by the Under Secretary of the Kerala Public Service Commission, Regional Office, Ernakulam. For the sake of convenience, paragraphs 2 and 3 of the affidavit are extracted below :