The petitioner responded to a notification issued by the 2nd respondent public service Commission {for short ‘the Commission’} inviting application for the post of Forest Guard, in the Forest Department. The notification inviting application was published on 27.4.2004. The selection was conducted and Ext.P1 rank list was published on 19.2007. 83 persons were included in the main list and 225 persons were included in the supplementary list. The petitioner was included as Rank No.10 in the Muslim supplementary list. According to the petitioner, there were 105 vacancies of Forest Guard in Ernakulam District, at the time of publication of Ext.P1 rank list. Four Muslim Candidates included in the rank list viz., persons with Rank Nos.67 and 79 in the main list and Rank Nos.7 and 9 in the supplementary list, had relinquished their claim for advice as per the rank list. The petitioner contends that, going by the details given by the Commission in its counter affidavit, the date of publication of the rank list, the date of first advice and the date of receipt of relinquishment by the 4 Muslim candidates are given as hereunder:

“Date of publication of the rank list 19.2007.

Date of