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1996 Supreme(Ker) 229

Kerala Public Service Commission – Appellant
Versus
Malini – Respondent


Judgment :-

Sreedharan, g. C.J.

When this Writ Appeal came up for admission, writ petitioner-first respondent entered appearance. We heard counsel appearing on either side in detail. As agreed to by counsel, we are disposing of this Appeal.

2. Kerala Public Service Commission, hereinafter referred to as the Commission, third respondent in O.P. 10303/91 is the appellant. Commission challenges the decision rendered by the learned single judge directing the appointing authority and the Commission to drop all proceedings pursuant to Exts. P6 and P8 and to allow the writ petitioner to continue in service.

3. The short facts necessary for the disposal of the appeal are as follows:-Commission invited application for appointment as Lower Division Clerk in various Departments as per Notification published in the Gazette dt. 10.5.1988. Writ petitioner submitted applications pursuant to the said Notification both in Palghat and Ernakulam Districts. A written test was conducted by the Commission on 5.8.89. District-wise rank list was published. Writ petitioner was assigned rank No. 63 in Palghat and rank No. 603 in Ernakulam. On the basis of the higher rank obtained among the candidates of Palakk









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