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2021 Supreme(Ker) 399

DEVAN RAMACHANDRAN
Sabeer K. S. – Appellant
Versus
Kerala Public Service Commission – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Babu Karukapadath, Smt.M.A.Vaheeda Babu, Sri. K.M.Faisal (Kalamassery), Shri.P.U.Vinod Kumar, Smt.Stiya Sivan, Sri. Avinash P Raveendran, Smt.Arya Raghunath, Smt.Kadija Jasmine, N.S.Anjaly, Advs.
For the Respondent: Sri. P.C. Sasidharan, Sc, Kpsc, Sri. M.Gopikrishnan Nambiar, Adv., Sri. K.John Mathai, Adv., Sri. Joson Manavalan, Adv., Sri. Kuryan Thomas, Adv., Sri. Paulose C. Abraham, Adv.

JUDGMENT :

The petitioner says that he was included in the rank list prepared by the Kerala Public Service Commission (PSC) for appointment to the post of Mechanic in the Kerala Agro Machinery Corporation Ltd. (KAMCO).

2. The petitioner concedes that he was included in the Supplementary List; and asserts that though 15 Non Joining Duty (NJD) vacancies were reported by the Managing Director of the KAMCO, the PSC advised only three persons against the same. The petitioner argues that this was illegal, since he is a Muslim candidate included in the Supplementary List, being eligible for appointment based on the Reservation and Rotation principles, and therefore, that the PSC ought to have advised him to one of the aforesaid vacancies.

3. The petitioner alleges that, instead of doing so, the PSC has illegally taken a stand that the Main Rank List has now expired and therefore, that no further vacancies can be filled up. The petitioner thus prays that respondents be directed to advise him to any of the 15 NJD vacancies; and alternatively, that he be advised in the vacancy eligible to the person in the list as rank No.11, since he has now relinquished his claim for appointment.

4. I have hea

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