(1.) THESE writ petitions have been referred to us to decide whether the decision of the Division Bench of this Court in Ajayan v. State of Kerala [2006(3) KLT 854] has been correctly decided. The main issue raised in these writ petitions is whether Rule 11 of the Kerala Public Service Commission Rules of Procedure, hereinafter referred to as the "Rules" for short, and Condition No.9 of the General Conditions which forms part of every notification issued by the Kerala Public Service Commission, hereinafter referred to as the "Commission" for short, empower and authorize the Commission to prescribe cut off marks to shortlist the candidates to be called for interview/physical efficiency test.
(2.) THESE Writ Petitions relate to appointment to the post of Veterinary Surgeon Grade II in the Animal Husbandry Department. Writ Petition (C) No.11916 of 2005 is treated as the main case and the documents referred to are those produced and marked therein. By Ext.P1 notification published in the Kerala Gazette dated 28.2003, the Commission invited applications for appointment by direct recruitment to the post of Veterinary Surgeon Grade -II in the Animal Husbandry Department. The number of vacancies notified was 81 and the last date fixed for receipt of applications was 210.2003. A written test was conducted on 28.2004 and thereafter, Ext.P6 shortlist of 294 candidates, consisting of 195 in the main list and 99 in the supplementary lists was published on 10.12.2004. After verification of documents, 6 candidates who were found ineligible to apply were excluded from the shortlist. In Ext.P6shortlist it is stated that candidates who have obtained 50 marks and above have been included in the Main List and that cut off marks have been lowered to the extent necessary in respect of candidates included in the supplementary list. The shortlisted candidates were interviewed between 24.2005 and 28.4.2005 and a ranked list was published on 7.2005. The petitioners contend that though only 81 vacancies had been notified, the vacancies had increased due to retirement/creation of additional posts, that the Commission does not have the power or authority to prescribe cut off marks for preparing the shortlist and that the Commission has not ensured that candidates corresponding to 3 to 5 times the total number of notified/anticipated vacancies are included in the shortlist. The petitioners contend that by prescribing cut off marks, eligible candidates were excluded from the shortlist and that prescription of cut off marks is illegal. They rely on the decision of the Division Bench of this Court in Ajayan v. State of Kerala (supra) in support of their contention that the Commission cannot prescribe cut off marks and thereby exclude eligible candidates from being considered for selection.
(3.) THESE Writ Petitions relate to appointment to the post of L.D. Compiler/Investigator/Punch Card Operator in the Economics and Statistics Department. W.P.(C) No.2926 of 2007 is treated as the main case and the documents referred to are those produced and marked therein. By Ext.P1 notification published in the Kerala Gazette dated 16.2004, the Commission invited applications for appointment by direct recruitment to the post of L.D. Compiler/Investigator/Punch Card Operator in the Economics and Statistics Department in all the revenue districts. Except in Malappuram District, where the notified vacancy was 1, in the other Districts, the number of vacancies was not estimated. The last date fixed for receipt of applications was 28.7.2004. In Palakkad District, with which we are concerned, 7462 candidates applied for the post. A written test was conducted on 210.2005 and thereafter, Ext.P2 shortlist consisting of 20 candidates in the main list and 26 candidates in the supplementary lists was published on 18.2.2006. Ext.P2 states that candidates who have obtained 68 marks and above have been included in the main list of the short list and that cut off marks have been lowered to the extent necessary in respect of candidates included in the supplementary lists. Ext.P3 ranked list was thereafter published on 28.3.2006 wherein, 19 candidates were included in the main list and 23 in the supplementary lists. In Ext.P3 also it is stated that candidates who have obtained 68% marks and above have been included in the main list and that cut off marks have been lowered to the extent necessary in respect of candidates belonging to the communities eligible for reservation. After W.P.(C) No.2926 of 2007 was filed, the Commission published Ext.P9 notification in the Kerala Gazette Extra Ordinary dated 13.2007 inviting applications for appointment to 21 vacancies of L.D. Compiler/Investigator/Punch Card Operator in Palakkad District.