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2009 Supreme(Online)(KER) 6383

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
RAMANI.C. – Appellant
Versus
KERALA PUBLIC SERVICE COMMISSION & ORS. – Respondent


Advocates:
MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU), ADV. MR.ALEXANDER THOMAS, GOVT. PLEADER SMT.M.R.SREELATHA

JUDGMENT

The petitioner was an applicant to the post of Higher Secondary School Teacher (Senior), pursuant to the notification issued by the Public Service Commission. The petitioner became successful and has been included as rank No.79 O.B.C. in the main list. She belongs to Vaniyan community. Respondents 3 and 4 herein are rank Nos.7 and 8 in the supplementary list for Ezhava.

2. The challenge made by the petitioner is against the advice made by the Public Service Commission in respect of turn 60 N by granting a turn passed over benefit to Ezhava community. It is submitted that the said turn which was originally allotted to Nadar community, has to be allotted to an O.B.C. candidate and the petitioner being the next eligible candidate, ought to have been advised. The present selection is the first one made after the publication of the Special Rules. Initially, 57 vacancies of HSST (Sociology) were reported. After the publication of the rank list, 8 more vacancies were reported. There was an earlier writ petition which was ultimately disposed of by a learned Single Judge of this Court on  28.5.2007, whereby six vacancies were directed to be filled up by the candidates included in the

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