The court emphasized the essential nature of the Commission's power to correct mistakes under R.3(c) to avoid injustice and arbitrariness, and ruled that the petitioner could not claim promissory estoppel.

T.L. Viswanatha Iyer, J.

1. Petitioner was an applicant for appointment as High School Assistant (Social Studies) in Government service. She belongs to the Dheevara community. The Kerala Public Service Commission (the Commission, for short) published rank list which came into force on 12-2-1990. is the list of candidates selected from the Dheevara community for appointment in their quota, the petitioner was shown as having rank No. 1, and the fifth respondent was shown as having rank No. 2. Petitioner was accordingly advised for appointment in a vacancy reserved for Dheevaras by the advice memo Ext. P1 dated 12-7-1990, Pursuant thereto, petitioner was appointed as a teacher in the Government High School at Meeachaatha by the proceedings Ext. P2 dated 25-7-1990 of the Director of Public Instruction. While working as such, the District Officer of the Commission at Kozhikode issued a memo Ext. P4 dated 8-1-1991 to the petitioner which read as follows:

"Your name has been included as Rank No. 1 (one) in the supplementary ranked list of Dheevara Community prepared for the post of High School Assistant (Social Studies) in the Education Department, Kozhikode District which came into force w.e.f. 12-2-1990. On the basis, you have been advised for recruitment as H. S. A (Social Studies) on 12-7-1990, vide letter first cited. But due to the revision in the ranked list vide erratum notification published on 22-11-1990, your rank in the supplementary ranked list of Dheevara community has been revised and you have racked as 2nd in the supplementary list of Dheevara, Due to this revision you are not eligible to be advised for recruitment as High School Assistant (Social Studies). Consequently the advice of your name for recruitment on 12-7-1990 was wrong. In this circumstance, the Commission have ordered to cancel your advice for recruitment as High School Assistant (Social Studies) made on 12-7-1990 vide letter second cited, by invoking R.3(c) of the K. S. & S. S. Rules,"

The petitioner was thus called upon to submit her objections, if any, to the proposed cancellation of her advice within fifteen days. The Commission had in the meanwhile published an erratum notification Ext. P5 dated 22-11-1990 to the rank list showing the fifth respondent as the first in the Dheevara list, and the petitioner as the second therein. On receipt of the memo Ext. P4, petitioner challenged it by filing this original petition, and obtained an interim order on 21-1-1991 staying all further action, including the cancellation of her advice, pursuant to the memo Ext. P4 and the notification Ext. P5 Respondents 1 and 2, namely the Public Service Commission and District Officer entered appearance and filed counter affidavit setting forth is detail the circumstance in which the memo Ext. P4 and the notification Ext. P5 were issued. Inter alia, K was stated is Para.5 that the fifth respondent had obtained higher marks than the petitioner and that the higher rank assigned to the petitioner In the rank list was by mistake. The Interim order was thereafter modified as follows on 27-6-1991;

"The petitioner shall file an explanation to Ext. P4 notice on or before 5-7-1991. It is made clear that filing of the explanation by the petitioner will be without prejudice to any of the contention of the petitioner in the O. P. including the contention regarding validity of Ext. P4 show cause notice. The P. S. C. is directed to pass final orders considering all the points raised in the explanation under R.3(c) of the Kerala State and Subordinate Service Rule on or before 12-7-1991. The decision to be taken by the P. S C shall not be implemented until further orders from this court in this Original Petition".

The petitioner accordingly filed her objections Ext. P5(a) and the Commission passed the order Ext. P6 on 11-7-1991 rejecting her contentions holding the advice of her name was liable to be cancelled under R.3(c) of Part 11 of the Kerala State and Subordinate Service Rules (t