P. V. PRAKASINI Vs. KPSC

JUDGEMENT

(1.) Petitioner was an applicant for appointment as High School Assistant (Social Studies) in Government service. She belongs to the Dheevara community. The Kerala Public Service Commission (the Commission, for short) published rank list which came into force on 12-2-1990. is the list of candidates selected from the Dheevara community for appointment in their quota, the petitioner was shown as having rank No. 1, and the fifth respondent was shown as having rank No. 2. Petitioner was accordingly advised for appointment in a vacancy reserved for Dheevaras by the advice memo Ext. P1 dated 12-7-1990, Pursuant thereto, petitioner was appointed as a teacher in the Government High School at Meeachaatha by the proceedings Ext. P2 dated 25-7-1990 of the Director of Public Instruction. While working as such, the District Officer of the Commission at Kozhikode issued a memo Ext. P4 dated 8-1-1991 to the petitioner which read as follows:

(2.) The reason for the cancellation of the petitioner's advice was that she was entitled only to rank No. 2 in the Dheevara list and not No. I assigned to her. On a correct tabulation of the marks of the candidates, it was found that the petitioner had obtained only 47 marks as against 49 marks obtained by the fifth respondent. The latter was therefore entitled to the first rank and the petitioner, to the second. When this mistake was discovered, the Commission took action to rectify the mistake, which eventually culminated in the order Ext. P6.

(3.) Petitioner challenges Ext. P6 on various grounds. Petitioner also challenges R.3(c) as violative of Art.14, 16 and 21 of the Constitution. I shall deal with the contentions of the petitioner seriatim.