SMITHA M.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 7/10/2020 in W.P.(C) No.35894 of 2019. The appellant was the petitioner in the writ petition. Parties and documents are referred to in this judgment, as they appear in the writ petition.

(2.) The petitioner participated in the selection conducted by the Kerala Public Service Commission (the Commission) for appointment to the post of Computer Assistant Grade II in various Universities in the State. She was assigned Rank No.3 in the supplementary ranked list of candidates belonging to Viswakarma community published on 3/10/2016 pursuant to the said selection. The fourth respondent was the candidate who was assigned rank No.2 in the said supplementary ranked list. The fourth respondent relinquished her claim for appointment on 7/8/2019 in terms of Ext.P3 letter addressed to the Commission. The Commission rejected Ext.P3 relinquishment letter and advised the fourth respondent herself for appointment in a vacancy reported to it. No other advice was issued from the said ranked list thereafter till its expiry, for want of vacancy. The case set out by the petitioner in the writ petition was that insofar as the relinquishment of the claim made by the fourth respondent was in accordance with the provisions contained in Rule 18 of the Kerala Public Service Commission Rules of Procedure (the Rules), the Commission ought to have advised the petitioner for appointment in the place of the fourth respondent. The relief sought in the writ petition, in the circumstances, was for a direction to the respondents to appoint the petitioner in the vacancy in which the fourth respondent was advised for appointment.

(3.) A counter affidavit was filed in the writ petition on behalf of the Commission contending, inter alia, that the relinquishment letter of the fourth respondent was rejected since the same was not in accordance with Rule18(ii) of the Rules and the petitioner is, therefore, not entitled to any relief.