BINDUMOL V D/O V GOVINDAN VANNARATH HOUSE THURUTHIPARAMBU Vs. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM THIRUVANANTHAPURAM

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. We have gone though the judgment of the learned single Judge. The contention of the appellant before us is with regard to the proper application of Rule 12 of the Public Service Commission Rules of Procedure. It is not in dispute that the appellant was included as serial No. 24 in the supplementary list for Scheduled Tribe candidates prepared by the Public Service Commission of Kerala to the post of Last Grade Servants in various departments in the district of Thrissur. Her main complaint is overlooking her rank at serial No. 24, the persons who have serial Nos. 26 and 27 were issued with advice memo. Therefore there is discrimination between her and the other candidates based on the sex.

(2.) THE learned Judge after referring to the counter affidavit by the Public Service Commission and also with regard to Rule 5 (b) of Kerala Last Grade Service Special Rules, opined that as per the sub rule, the post of watchman cannot be filled up by woman candidate, the next meritorious person belonging to the same community was issued with the advice memo which was in accordance with the procedure contemplated. THErefore there was no discrimination based on the sex of the person. Aggrieved by the same, the appellant is before us referring to Rule 12 of the procedure Rules.

(3.) WHEN 5 (b) of the Rules has been affirmed by this court as just and proper if the turn of the appellant came for a post of watchman and by Rule 5 (b) if she cannot be considered for such post, the next person in the order of merit has to be considered. This is what the Public Service Commission has done. Therefore we cannot find fault with the PSC for issuing advice memo to the persons below the serial number of the appellant. WHEN the main list is exhausted, supplementary list cannot be kept alive. In other words, as long as the main list is in force, supplementary list also will be in force. Once the main list gets exhausted, the supplementary list automatically gets exhausted or vanished. In that view of the matter, we are of the opinion, no good ground is made out to interfere with the judgment of the single Judge. Accordingly, the writ appeal is dismissed.