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2009 Supreme(Ker) 1183

K.BALAKRISHNAN NAIR, A.K.BASHEER, P.N.RAVINDRAN
Ravidas – Appellant
Versus
Public Service Commission – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.V. Bose, T.V. Ajaya Kumar, Kaleeswaram Raj, V. Rajendran (Perumbavoor), O.D. Sivadas, P.T. Dinesh, George Abraham (Dr.), P. Sankarankutty Nair, K. Sandesh Raja, T.A. Unnikrishnan, Rekha Vasudevan, K.P. Satheesan (Dr.), P.S. Sreedharan Pillai & T.B. Hood (Sr. Government Pleader)
For the Respondents:Alexander Thomas, K.R.B. Kaimal (Sr. Advocate), M.K. Damodaran (Sr. Advocate), P.J. Elvin Peter, Nagaraj Narayanan & Jacob Sebastian

JUDGMENT :

P.N. RAVINDRAN, J.

1. These Writ Petitions have been referred to us to decide whether the decision of the Division Bench of this Court in Ajayan v. State of Kerala (2006 (3) KLT 854) has been correctly decided. The main issue raised in these Writ Petitions is whether R.11 of the Kerala Public Service Commission Rules of Procedure, hereinafter referred to as the “Rules” for short, and Condition No.9 of the General Conditions which forms part of every notification issued by the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, empower and authorize the Commission to prescribe cut off marks to shortlist the candidates to be called for interview/physical efficiency test.

Writ Petition (C) Nos.11916 of 2005 and 23272 of 2006

2. These Writ Petitions relate to appointment to the post of Veterinary Surgeon Grade II in the Animal Husbandry Department. Writ Petition (C) No.11916 of 2005 is treated as the main case and the documents referred to are those produced and marked therein. By Ext.P1 notification published in the Kerala Gazette dated 26.8.2003, the Commission invited applications for appointment by direct recruitment to the post of Vete












































































































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