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2012 Supreme(Ker) 877

ANTONY DOMINIC
Suhara – Appellant
Versus
Kerala Public Service Commission – Respondent


JUDGMENT :

Antony Dominic, J.

Petitioners in these Writ Petitions are claiming the benefit of R.5A of the Kerala State and Subordinate Services Rules (Hereinafter referred to as the "Rules" for short). In W.P.(C) No.11650/11, there is also an alternative prayer to declare the Rule unconstitutional.

2. Issues raised being common, these cases were heard together and are disposed of by this common judgment.

3. The background in which these litigations arise is that by G.O.(P) No.5/1993 dated 15.1.1993, R.5A was inserted in the Rules, which read as under:

"Where the method of recruitment to any service, class or category is by direct recruitment on district wise basis, such of the candidates belonging to that district who qualify for the interview/become qualified to be included in the ranked list for such of the district-wise posts mentioned in the Annexure to this rule shall be given a weight age of five marks for the selection:

Provided that the candidates who are eligible to get the above weight age marks shall produce along with the application a nativity certificate issued by a competent authority not below the rank of Tahsildar of the concerned Taluk".

(Annexure is omitted)

4. The Expla










































































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