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2008 Supreme(Ker) 240

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
Kerala Public Service Commission – Appellant
Versus
T. Beermasthan, Tharamannil House – Respondent


Advocates Appeared:For the Petitioners:Alexander Thomas, SC, KPSC. For the Respondents:Kaleeswaram Raj, Advocate.

Judgment :-

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









































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