K R ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Pursuant to Ext.P3 notification issued by the Public Service Commission for selection to undergo Rangers Course 2001-03, the appellants and respondents 4 onwards applied for selection. The appellants were not included in the top of the list. Therefore they did not have the chance of being selected for the course. They contended that few among the respondents 4 onwards included above them in the list did not have the eligibility for being included in the rank list Ext.P4, for being admitted to the course as they were not either approved probationers or full members, in tune with Ext.P3 notification. The appellants challenged, therefore their inclusion in Ext.P4 list. The challenge did not succeed. Original Petitions were dismissed. Therefore these Writ Appeals.

(2.) From para 1 of the impugned judgment it is seen that the counsel and parties have agreed before the learned single Judge that the learned single judge need consider only one point namely. Whether approved probationers alone can be sent for training or whether the probationers could also be included in Ext.P5 ranklist, if they are otherwise eligible and meritorious. The learned single Judge answered the latter part of the question in the affirmative and found that the probationers are also eligible to be included in the rank list prepared by the Public Service Commission and eligible for the training, even if they had not completed probation.

(3.) This judgment is impugned relying much on the note appearing under para 11 of Ext.P3 notification issued by the Public service Commission, which reads as follows: Notes:- Physically handicapped candidates are not eligible to apply for this training course. The candidates holding the post of foresters/Deputy Rangers in the Kerala Government Service on a regular basis and who are approved probationers/ Full members in the respective category shall submit the application along with a service certificate showing the service particulars of the applicant in the form appended.