T. BEERMASTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioners in the writ petition are candidates who had applied for the post of Medical Officer (Ayurveda) in the Indian System of Medicine, pursuant to the notification issued by the Public Service Commission. They are respectively rank Nos. 17 and 18 in the supplementary list for Muslims in Ext. P-1 rank list, which came into force on 31-12-2005.

(2.) The Petitioners have approached this Court mainly contending that the principles of reservation and communal rotation have not been properly followed by the Commission while advising candidates from the rank list and the supplementary list. According to them when 250 candidates have been advised in total, their turn had also arrived but they have not been advised. It is averred that even though 30 candidates had to be advised from the supplementary list for Muslims, only 28 have been advised thus resulting in a deficiency of two. Petitioners have produced Exts.P-2 and P-3 to supplement their contentions as raised above. In paragraph 3 of the writ petition and in ground 'A' the Petitioners have clearly averred that in the general merit candidate Nos. 1, 8, 28, 50, 82 and 111 belonged to Muslim community and only against rank Nos. 1 and 8 advice memos were issued from general merit but rank Nos. 28, 50, 82 and 111 were given memos by including them in the reservation category. According to the Petitioners, this had resulted in denial of appointment to four candidates in the supplementary list. The said argument is reiterated in ground 'A' also.

(3.) At the time of hearing of the writ petition, learned Counsel for the Petitioners contended for the position that candidates who are eligible to be appointed from their own merit in the open category cannot be counted against the reservation points and there is total failure by the Commission to follow the principles stated in Rules 14 and 17 of K.S. and S.S.R.