Balakrishnan Nair, J.

The Point That Arises For Decision In This Writ Appeal Is Whether Correct Construction Has Been laced On Rules 14 To 17 Of Part II, Kerala State & Subordinate Services Rules, 1958 By The Public Service Commission, While Advising Candidates To The Post Of Medical Officer (ISM).

2. The Brief Facts Of The Case Are The Following: The Kerala Public Service Commission Invited Applications For Appointment To The Post Of Medical Officer (Indian System Of Medicine) Under The Kerala Government, By The Notification Published In The Kerala Gazette Dated 110.2003. The Rank List Was Published On 312.2005. The Writ Petitioners Were Candidates Included In The Supplementary List Of Muslims As Rank Nos.17 And 18. Ext.P1 Is The Rank List Published By The

P.S.C. According To The Writ Petitioners, 250 Candidates Were Advised, Out Of Which 198 Were From The Main List And 52 From The Supplementary Lists. In That Process, Only 28 Muslim Candidates Were Advised. Going By Rules 14 To 17 Of Part II, K.S. & S.S.R., 30 Candidates Should Have Been Advised From The Muslim Community. If Two More Muslim Candidates Are Advised, The Writ Petitioners Would Have Got Appointment. Ext.P2 Is The Rotation Chart Published By The

P.S.C For Appointment By Direct Recruitment. Ext.P3 Is The Chart Published By The P.S.C., Showing The Present Position Of Advice To Various Posts. As Per That Chart, As On 18.2006, 250 Candidates Have Been Advised To The Post Of Medical Officer (ISM). Feeling Aggrieved By The Omission Of The P.S.C To Advise Them, The Writ Petition Was Filed By The Petitioners, Seeking The

Following Relief’s:

"(I) To Issue A Writ Of Mandamus Directing The 3rd Respondent To Issue Advice Memos To The Petitioners.

(II) To Issue A Writ Of Mandamus Directing The 3rd Respondent To Set Right The Errors And Irregularities In Following The Principles Of Communal Rotation And Reservation In Advising Candidates From Ext.P1 Ranked List."

According To The Writ Petitioners, Rank Nos.28, 50, 82 And 111 In The Main List Were Muslims. Their Turn Had Arisen Under The Open Competition Turn. But, They Were Advised For Appointment In The Reserved Vacancies And To That Extent Muslim Candidates In The Supplementary List Lost Their Chances.

3. According To The Public Service Commission, The Candidates Were Advised Strictly In Accordance With The Rules. Up To 211.2006, 268 Candidates Were Advised Against The Fresh Vacancies And The Non-Joining Duty Vacancies Reported By The Appointing Authority. Out Of Them, 252 Candidates Were From The Main List And 107 From The Supplementary Lists. It Was Also Stated That The Last Open Competition Candidate Advised Was Rank No.213 And The Last Ezhava Candidate Advised Was Rank No.226 In The Main List. It Was Further Stated That The Last Muslim Candidate Advised Was Rank No.12 In The Supplementary List For Muslims. According To The P.S.C., The Turn Of The Writ Petitioners Did Not Arise For Advice, Rank No.8, Who Belongs To Muslim Community, Was Advised Under The Open Competition Turn And Other Muslim Candidates Included In The Main List Were Advised Under The Muslim Reservation Turn.

4. The P.S.C Also Filed An Additional Counter Affidavit Dated 3.2007. In The Said Counter Affidavit, The Details Of The Rotation Have Been Given. It Is Stated That The Recruitment To The Post Of Medical Officer (ISM) Ended At Main Rotation VIII 39 Open Competition. For The Present Selection, The Rotation Started At MR VIII 40 OBC And Ended At MR XI 7 Open Competition. 267 Fresh Vacancies Were Reported, Apart From 20 NJD Vacancies. As On 12.2007, 287 Candidates Were Advised. The Details Of Muslim Candidates Advised Are Also Given. Only Rank No.8, Who Is A Muslim Candidate, Was Advised Under The Open Competition Turn. The Last Muslim Candidate Advised From The Main List Was Rank No.252. From The Supplementary List, 14 Muslim Candidates Were Advised. The P.S.C Emphatically Refuted The Contention Of The Writ Petitioners That Rank Nos. 28, 50,