W.P.(C) 37926 of 2018

W.P.(C) 37926 of 2018 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **TUESDAY, THE 9[TH] DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943** ## **WP(C) NO. 37926 OF 2018** ## **PETITIONERS:** |**1**|**BHASKARA K**| |---|---| ||**AGED 57 YEARS**| ||**S/O. LATE KORAGAPPA POOJARI, ARIKKADY HOUSE, NEAR**| ||**ARIKKADY GATE, KUMBLA, KASARAGODE.**| |**2**|**BALAKRISHNA AMBAR**| ||**S/O. MUDARA POOJARI, DEVIKRIPA, CHERUGOLY, MANGALPADY,**| ||**MANJESWAR-67/324**| |**3**|**DR. NARESH B**| ||**S/O. K.M. GOPALAKRISHNA BHAT, BHAGYASHREE HOUSE, G.G.**| ||**ROAD, MELLERIA P.O, KASARGODE-671 543**| ||**BY ADVS.**| ||**K.I.MAYANKUTTY MATHER**| ||**T.K.SREEKALA**| ||**NARAYANI HARIKRISHNAN**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM 695001**| |**2**|**KERALA PUBLIC SERVICE COMMISSION**| ||**PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS**| ||**SECRETARY.**| |**3**|**DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**DEPARTMENT OF EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695**| ||**004**| W.P.(C) 37926 of 2018 2 - **4 DEPUTY DIRECTOR OF EDUCATION CIVIL STATION P.O, VIDHYANAGAR, KASARAGODE-671 123** - **5 DISTRICT EDUCATIONAL OFFICER KASARGODE-671 121** - **6 SUNIL A.K.** - **AZHAKATH KALATHIL HOUSE, KODAKKAL POST, THRIPRAMGODE, TIRUR-676 108** - **7 JACOB C.I CHIRATTAMPARAMBIL, THIRUVANCHIYOOR, KOTTAYAM-686 019** - **8 SIMI A.R GIRISH VILLA, KANHANGAD, KOLAVAYAL P.O, KANHANGAD, PIN-690 518** - **9 SAYANI A ARUPATHIL PADA, NORTH KARUNAGAPPALLY P.O, KOLLAM-690 518** - **10 SUHIRI S. HIJIRI MANZIL, NARIKKAL, KONCHIRA P.O, VEMBAYAM, THIRUVANANTHAPURAM-695 615** - **11 NEEBA R.R.** - **ROADARIKATHU HOUSE, CHERUKULAM, CHANGA P.O, THIRUVANANTHAPURAM-695 542** - **BY ADVS.** - **SRI.P.C.SASIDHARAN, SC, KPSC SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER SRI.M.A.THOMAS KUTTY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) 37926 of 2018 3 ## **JUDGMENT** Dated this the 9[th] day of November, 2021 ## **S. MANIKUMAR, CJ.** By this public interest writ petition, petitioners have challenged the selection and appointment of candidates, who do not have the basic knowledge in Kannada language to hold various posts of High School Assistants (Kannada Medium) in Kasargod District and thereby to alleviate the agonies and difficulties of linguistic minority students in Kasargod, who are pursuing their education in Kannada medium schools situated in Kasargod - Karnataka border regions. 2. According to the petitioners, Kasaragod and Manjeshwar Taluks of Kasaragod District, is a linguistic minority area and Kannada is their main language. Petitioners herein are public spirited citizens, who are interested in safeguarding the interest of the students studying in Kannada medium schools in Kasaragod. 3. It is submitted by the petitioners that Kerala Public Service Commission - 2[nd] respondent has issued notifications for selection to the post of High School Assistants (Kannada Medium) for different core subjects viz., Physical Science, Mathematics and Social Studies in the schools in Kasaragod District. As per the W.P.(C) 37926 of 2018 4 notifications, Degree in the concerned subject or Post Graduation along with B.Ed / BT in the concerned subject conferred or recognized by the Universities in Kerala is prescribed as the educational qualification for the said posts and sufficient knowledge in Kannada language was also prescribed as an additional qualification. However, no specific educational qualification as regards knowledge in Kannada was prescribed. The Note appended to the said notifications suggests that knowledge of Kannada language will be tested at the time of interview and that, if there is a written ( Descriptive/ OMR) test, the question paper for the test will be in Kannada. 4. Further facts of the case are that on 19.10.2016, Kerala Public Service Commission – the 2[nd] respondent, conducted a selection process in Optical Mark Reading (OMR) test and on 22.11.2017, conducted interview of the candidates and on 30.01.2018, the rank list was published. Pursuant to the selection process, Kerala Public Service Commission - 2[nd] respondent, has appointed the 6th respondent to the post of H.S.A. - Maths (Kannada Medium) in G.H.S.S., Mangalpaddy, Kasaragod District. However, immediately after joining the service, the 6[th] respondent has availed sick leave, since he found himself incapable to teach the subject in Kannada medium, which leads to widespread protest from the students, parents, public and various organisations. 5. According to the petitioners, apprehending the possibility of selecting W.P.(C) 37926 of 2018 5 teachers, who have no basic knowledge in Kannada for Kannada medium schools, two organisations filed writ petitions before this Court, to ensure that the appointed teachers possess the knowledge in Kannada for Kannada medium schools. 6. Be that as it may, on 13.1.2006, a Division Bench of this Court, as per Exhibit P3 common judgment in W.P.(C) Nos.22953 of 2010 and 24344 of 2013 dated 13.1.2016, directed that the Public Service Commission should be more careful in appointing teachers in future, especially in respect of teachers, who have to take subject classes in Kannada language; that when there is a provision to conduct written test, it is necessary that written test should be conducted, otherwise the proficiency of the language cannot be ascertained, which will definitely affect the teaching facility and therefore, Public Service Commission was directed that while inviting application for various subjects to be taken in Kannada medium, they shall mandatorily conduct written test in Kannada language also. 7. It is the further case of the petitioners that, on 30.9.2016, Government of Kerala, after having examined the matter in detail ordered that for appointment of candidates as High School Assistant (Core Subjects) in Kannana/Tamil medium schools, the candidates should have the following qualifications along with B.Ed Degree in the concerned subject conferred or recognized by the Universities in Kerala: W.P.(C) 37926 of 2018 6 - 1) A pass in SSLC/Plus Two/Pre-Degree with Kannada/Tamil as I or II Language. 2) A pass in Degree or Post Graduation in Kannada/Tamil Language 3) In the absence of qualifications referred in (1) and (2) above, its equivalent shall also be considered. 8. It is submitted by the petitioners that the Educational officers of the concerned area shall be competent to assess the status of linguistic minority schools in accordance with the existing norms and standards issued by the Government from time to time and if any dispute in this regard arises, the Directorate of Public Instructions shall be the authority to take final decision in this regard. 9. According to the petitioners, thus, in view of the above judgment, Kerala Public Service Commission, Thiruvananthapuram - the 2nd respondent, who pursued the selection process after the said judgment, was duty bound to conduct a descriptive written test, so as to ascertain and confirm the Kannada language proficiency of the candidates. The Public Service Commission, however, continued the earlier practice of conducting OMR tests. Further, while attending OMR test, a candidate is required to only shade or mark the area out of multiple columns provided to answer the question. Thus, a candidate, who is not even able to read the question can answer the questions by randomly shading the column provided by trying his luck. Admittedly, the marks secured by the selected candidates are also W.P.(C) 37926 of 2018 7 very low, which can be secured by a candidate ,who tried his luck by random shading of the OMR sheet. 10. It is further stated by the petitioners that none of the candidates selected by the 2[nd] respondent have any proficiency or even the basic knowledge in Kannada language. It is pertinent to note that Kannada medium schools in Kerala State, exist only in Kasaragod District. The knowledge level of other teachers in Kannada language, who hail from other districts of Kerala (other than Kasaragod District) would be nil. According to the petitioners, Public Service Commission, has now issued advice memos to respondents 7 to 11 for appointing them to various Kannada Medium schools to teach subjects. It is also submitted that the selection process of the present candidates has been done in utter violation of Exhibit P4 Government order, as well as the directions of this Hon'ble Court in Ext. P3 judgment. 11. According to them, selection procedure conducted by the 2nd respondent is illegal and arbitrary besides being violative of Article 350A of the Constitution of India .It is the constitutional mandate that the Government is duty bound to give education to the linguistic minority students in their own mother tongue. It is known that Kasaragod District is a socially and educationally backward district in Kerala. Many students from lower middle class have no income to get education in private W.P.(C) 37926 of 2018 8 schools. Hence, instant writ petition is filed by the petitioners. 12. In the abovesaid background, petitioners have sought for a declaration that the selection process undertaken by the 2[nd] respondent for appointment to the post of High School Assistants – Kannada, pursuant to the notification evidenced by Exhibits P1, P1(a), P1(b), P1(c) and P1(d) dated 16.7.2012, 31.8.2013, 12.8.2014, 29.9.2015 and 29.9.2015 respectively, is illegal and liable to be declared as invalid. Since according to the petitioners, the selection methodology adopted is contrary to Exhibit P3 common judgment of the Division Bench of this Court referred to above, Exhibit P4 Government Order dated 30.9.2016, bearing No.G.O.(P) 166/16 /G.Edn issued by the State Government and taking into consideration Exhibit P3 judgment, petitioners have sought for a writ or order forbearing Kerala Public Service Commission - the 2[nd] respondent, and other education department officials viz., Director of Public Instructions, Thiruvananthapuram, Deputy Director of Education, Kasaragod ad District Educational Officer, Kasaragod – the Director of Public Instructions, Department of Education, Kasargod, Deputy Director of Education, Kasargod & District Educational Officer, Kasargod - respondents 3 to 5, from giving appointment and posting, to respondents 6 to 11, apparently selected by the Public Service Commission as High School Assistants (Kannada) medium schools. 13. Respondents 7, 8, 9 & 11 i.e., party respondents have filed a detailed W.P.(C) 37926 of 2018 9 counter affidavit disputing the allegations, claims and demands raised in the writ petition. That apart, it is contended that respondents 7 to 9 belong to OX community, Dheevara community and Muslim community, respectively and the 11[th] respondent belongs to SIUC Nadar community. 14. Respondents 7 and 8 have submitted applications pursuant to Exhibit P1(c) notification and respondents 9 and 11 submitted applications in response to Exhibit P1 notification. Written test (OMR test), for selection to the above post was conducted on 19.10.2016. From Exhibit P6 question paper, it can be seen that out of 100 questions, only 10 questions were in English and the remaining 90 questions were in Kannada language. 15. It is submitted that along with other candidates, respondents 7, 8, 9 and 11 were called for an interview conducted on 22.11.2017 and a Kannada language expert was also present in the Interview Board. Apart from the questions asked by the other members of the Interview Board, the Kannada language expert made these respondents read out certain portions from Kannada text books and also to write down in Kannada language and these respondents were successful in the said tests also. 16. It is also submitted that based on the performance in the written test and W.P.(C) 37926 of 2018 10 interview, respondents 7, 8, 9 and 11 were included in the rank list for appointment to the post of HSA (Physical Science)-Kannada Medium. Respondents 7, 8, 9 & 11 were assigned Rank No. 1 in Exhibits P2(d), P2(e), P2(a) and P2(b) rank lists respectively. Based on their inclusion in the rank list, respondents 7, 8, 9 and 11 were advised by the PSC for appointment as HSA (Physical Science)-Kannada Medium as per advice memo dated 24.3.2018. 17. It is further submitted that selection to all other posts of High School Assistants in the State is conducted by the PSC, by holding a written (OMR) test. Descriptive type written test is not conducted for selection to the post of High School Assistants. In the selection which was the subject matter of Exhibit P3 judgment, no written test was conducted. The selection was conducted solely on the basis of an interview. It was in the said circumstances, this Hon'ble Court was pleased to direct the PSC to conduct a written test also for selection to the post. The above direction was complied with by the PSC, by conducting written OMR test in the present selection. 18. It is further submitted that Exhibit P1 and P1(c) notifications pursuant to which the respondents 7, 8, 9 and 11 applied for selection to the post of HSA (Physical Science)-Kannada Medium, were issued by the PSC on 16.7.2012 and 29.9.2015 respectively. The prescription contained in Exhibit P4 Government Order W.P.(C) 37926 of 2018 11 dated 30.9.2016 will be applicable only to the selection notified by the PSC after the date of the said Government Order i.e., 30.9.2016. As the notifications pursuant to which these respondents applied for selection to the post of HSA (Physical Science)Kannada Medium were issued much prior to the date of issuance of Exhibit P4 Government Order, and therefore, the prescription contained in the said G.O. are not applicable to the present selection. 19. The Public Service Commission has filed a detailed counter affidavit refuting the allegations, claims and demands raised by the petitioner and among other contentions, it is submitted that the subject matter of the writ petition is exclusively a service matter, since it relates to selection to various posts in the service of the Government. It is submitted that, how the petitioners are affected by the manner and method by which examinations were conducted by the PSC for selecting suitable candidates for inclusion in the rank list is not specifically pleaded in the writ petition. It is further contended that it is well established that in the matter of selection and appointment to a civil post, a public interest litigation will not lie. It is further submitted that the petitioners have no case that the candidates selected by the Commission are not suitable to teach the subject or they are not having the required qualification or eligibility. The writ petition on the sole score has to be dismissed. 20. Referring to the various averments and allegations contained in the writ W.P.(C) 37926 of 2018 12 petition, it is submitted that Kerala Public Service Commission issued a notification for selection to the post of High School Assistant (Physical Science) [Kannada Medium] in Kasaragod district, for filling up NCA vacancies of Scheduled Caste, Muslim and SIUC Nadar communities in the Gazette dated 16.07.2012 with Category No. 422/12, 423/12 and 424/12 respectively, and the NCA notification for filling up NCA vacancies of 'Other Christians (OX)' and Dheevara communities was published in the Gazette dated 29.09.2015 with Category No. 321/15 and 322/15 respectively. 21. A common objective type test (OMR valuation) was conducted for the above five category numbers on 19.10.2016. After conducting an interview with the qualified candidates, the rank list for all the above five categories were published on 30.01.2018. Advice was also made to the notified NCA vacancies from the respective rank lists on 24.03.2018. 22. According to the Public Service Commission, the main allegation raised by the petitioners against the Commission in the Writ petition with respect to the impugned selections are that the Commission had not conducted a descriptive test in Kannada language. The assessed proficiency of the candidates in Kannada language, is violative of Ext.P3 judgment and Ext.P4 Government order. It is submitted, in Ext.P4 G.O.(P) No.166/16/G.Edn. dated 30.09.2016, the Government prescribed that, in addition to the basic and training qualifications candidates should W.P.(C) 37926 of 2018 13 have the following qualifications for appointment as High School Assistant (core subjects) in Kannada/Tamil medium schools: - 1) A Pass in SSLC/Plus Two/Pre-Degree with Kannada/Tamil as I or II Language. OR - 2) A Pass in Degree or Post Graduation in Kannada/Tamil Language. OR 3) In the absence of the qualifications referred in (1) & (2) above, its equivalent shall also be considered. 23. It is further stated by the Commission that, on examination of the above Government order dated 30.09.2016, it is clear that the special conditions laid down by the Government regarding proficiency of language of candidates selected for teaching posts in Minority language schools do not have any retrospective effect and that the executive order is only prospective in nature. The selections under consideration were notified by the Commission well before the issuance of the above Government order and thus, the qualifications introduced subsequent to the issuance of a notification cannot be insisted. Moreover, all the notified vacancies, including the NCA vacancies, arose before the date of issuance of the Exhibit P4 Government Order and hence can be filled by the unamended qualification. 24. According to the Public Service Commission, it is a well accepted principle W.P.(C) 37926 of 2018 14 that a statutory rule or Government order is prospective in nature, unless it is expressly or by necessary implication made to have retrospective effect. Where proceedings were initiated by issuing an advertisement, then the selection should normally be regulated by the then existing rules and Government Orders and any amendment of the rules or the Government Order pending the selection should not affect the validity of the selection made by the selecting authority unless the amended rules or the amended Government Order issued in exercise of its statutory power either by express provision or by necessary intention indicate that amended rules shall be applicable to the pending selections, which legal principle according to the PSC is settled by the Hon'ble Apex Court in **N.T Devin Katti & Ors. v. Karnataka Public service Commission & Ors** . [(1990) 3 SCC 157] **, P.Mahendran & Ors. V. State of Karnataka** (AIR 1990 SC 405), **Secretary, Andhra Pradesh Public Service Commission v. Swapna & Ors.** [(2005) 4 SCC 154] etc. and also by this Court in **Mohanan v. Director of Homoeopathy** [(2006) 3 KLT 641] and similar cases. 25. The Commission has also stated that, it is a settled principle that the rules of a game cannot be altered once the game starts. The Commission is bound by the qualifications notified for each post and in the mid stream there cannot be any change of qualification. Once the machinery for recruitment has been set in motion W.P.(C) 37926 of 2018 15 by notifying the vacancies with a prescribed qualification, it cannot be brought to a grinding halt by amending the qualifications in the notification, thereby making the recruitment a futile exercise. This legal principle is upheld by the Hon'ble Apex Court in **K. Manjusree v. State of Andhra Pradesh & Anr.** (2008 (3) SCC 512) 26. According to the Commission, Exhibit P3 judgment was pronounced by this Court on 13.01.2016, which was well after the publication of notifications of impugned selections by the Commission. In the Exhibit P3 judgment this Court held that the Public service Commission while inviting applications for various subjects to be taken in Kannada medium, shall mandatorily conduct written tests in Kannada language also. But in the cases, which lead to the above judgment, the Commission had finalised the selections under contention only by conducting an interview and had not resorted to any type of written test of descriptive or subjective nature. Hence, this Court issued such a direction to the Commission for ensuring the proficiency of the candidates in Kannada language since there was no statutory provision for ensuring the same. But in the case of selections under consideration in this writ petition, an objective type examination followed by an interview was adopted by the Commission for finalising the selections. Hence, according to the Commission, the petitioners' allegation that the Commission had not taken into account the Exhibit P3 judgment is absolutely baseless. W.P.(C) 37926 of 2018 16 27. It is also the submission of the Public Service Commission that the contention raised by the petitioners related to the nature of written test conducted by the Commission for the impugned selections is unsustainable. The petitioners claimed that this Court had prescribed a descriptive test in the Exhibit P3 judgment. But on a reading of the above judgment, it can be seen that the judgment did not mandate a descriptive test for all the selections in Kannada Medium schools. Hence, such an interpretation to the judgment cannot be placed. In short, what this Court held in the aforesaid judgment is, the Commission shall have to adopt a written test also in addition to interview before finalising the selections and this Court had not gone into such an observation that a written test of descriptive nature is essential for ensuring the language proficiency of the candidates. 28. According to the learned Standing Counsel, Commission is a constitutional body, which is enabled to conduct selection to various posts; the written test need not always be a descriptive test as contended by the petitioner and there are no vitiating aspects in the selection process conducted by the Commission. 29. We have heard learned counsel for writ petitioner Smt.Narayani Harikrishnan, learned Senior Government Pleader Sri.K.P.Harish, learned Standing Counsel Sri.P.C.Sasidharan for Kerala Public Service Commission, Sri.M.A.ThomasKutty for party respondents and perused the materials on record. W.P.(C) 37926 of 2018 17 30. Learned counsel for petitioner basically contended that the directions contained in Exhibit P3 judgment of the Division Bench of this Court that the Public Service Commission should have been careful in appointing teachers in future, especially, in respect of teachers who have to take subject classes in Kannada language, was not followed in the instant selection and therefore illegal . It was also submitted that when there is a provision to conduct a written test, it is necessary that a written test should be conducted, failing which, proficiency of the language cannot be ascertained, which will definitely affect the teaching faculty . Learned counsel also submitted that some of the teachers after they were appointed in the instant case has taken leave to learn Kannada language, which would make it clear that teachers who ought to have taken classes in respect of core subjects in Kannada language, are not proficient in the language, which would materially affect the students. 31. On the other hand, learned counsel appearing for the party respondents submitted that the Public Service Commission has invited applications for selection to the post of High School Assistant (Physical Science) – Kannada Medium in Kasaragod District as per Exhibit P1 series of notifications. As per the notification, the qualifications prescribed for selection to the post of High School Assistant (Physical Science) – Kannada Medium was that, “Degree in the concerned subject and W.P.(C) 37926 of 2018 18 B.Ed/BT in the concerned subject conferred or recognized by the Universities in Kerala” and the Note I thereto specifies that, “Post Graduates in the concerned subject are also eligible to apply for the post, if they possess B.Ed/BT in the concerned subject and Note II, specifies that '' Diploma in Rural Service awarded by the National Council for Rural Higher Education will also be treated as equivalent to Degree for the above purpose.”Apart from the same, other conditions are incorporated which reads as follows: “3. The applicant should have taken physics/Chemistry as the main subject for graduation. Degree in Geology (Main) with Physics and Chemistry as subsidiary subjects and B.Ed Degree (Physical Science) can also be considered as an alternative qualification for the post (G.O.(Ms) No.195/96/G.Edn dated 2.7.1996). 4. Post title degree holders are not eligible to apply for the post of High School Assistant. 5. If there is a written (Descriptive/OMR) test the Question paper for the written test will be in Kannada. For the written test, the candidates should answer the questions in Kannada. Knowledge in Kannada will also be tested at the time of interview. 6. Those candidates who secured B.Ed/B.T Degree from the Universities outside Kerala shall produce, relevant orders declaring the said degree as equivalent to those prescribed for this selection before the commission when called for.” ## 32. According to the party respondents, they have sufficient qualification in W.P.(C) 37926 of 2018 19 terms of the qualifications prescribed by the Public Service Commission and the qualifications of respondents 7 to 9 & 11 are as follows: |7th respondent|B.Sc (Chemistry), M.Sc<br>(Chemistry) B.Ed (Physical<br>Science), SET.| |---|---| |8th respondent|B.Sc (Physics), M.Sc (Physics)<br>B.Ed (Physical Science), SET.| |9th respondent|B.Sc (Chemistry), M.Sc<br>(Analytical Chemistry) B.Ed<br>(Physical Science), SET.| |11th respondent|B.Sc (Physics),B.Ed (PhysicalScience)| 33. The sum and substance of the contention advanced by the party respondents is that they have participated in the selection process in accordance with the notification issued by the Public Service Commission and therefore, once they fulfil the criteria under the notification and find a place in the list published by the Public Service Commission, they are entitled to get appointments in accordance with the vacancies that occurred . It is also submitted that Exhibits P1 & P1(c) notifications were issued by the Public Service Commission i.e., in regard to the High School Assistant (Physical Science) – Kannada Medium on 16.7.2012 and 29.9.2015, respectively. It is also made clear that Exhibit P4 Order issued by the State Government is dated 30.9.2016, which would be applicable only to the selections notified by the Kerala Public Service Commission after the date of the said Government Order i.e., 30.9.2016. W.P.(C) 37926 of 2018 20 34. It is concluded that, there is no illegality or any other arbitrariness in the matter of selection of the party respondents by the Public Service Commission. From the counter affidavit filed by the Public Service Commission, it is clear that the notifications were issued by the Public Service Commission insofar as concerning the party respondents, much prior to Exhibit P4 order issued by the State Government dated 30.9.2016. Therefore, according to the Public Service Commission, the selection conducted by the Public Service Commission on the basis of notifications issued prior to Exhibit P4 Government Order, cannot be saddled with the prescriptions contained under Exhibit P4 Government Order in regard to the proficiency in Kannada language. It is also clear from the counter affidavit of the Public Service Commission that party respondents were advised to notify NCA vacancies from the ranked list published on 30.1.2018 and 24.3.2018. It is also clear and evident that the notifications in question were issued by the Public Service Commission much prior to Exhibit P3 judgment rendered by this Court on 13.1.2016 and Exhibit P4 Government Order insisting for proficiency in Kannada language and written test for teachers. 35. Taking into account the above aspects and the developments that have taken place as discussed above, we have no reason to think that the contentions put forth by the petitioner that the selection made by the Public Service Commission is violative of the directions contained in Exhibit P3 judgment of the Division Bench of W.P.(C) 37926 of 2018 21 this Court and Exhibit P4 Government Order. Moreover, this writ petition was filed before this Court on 12.11.2018, whereas the advice was made from the respective ranked lists on 30.01.2018 and 24.3.2018. Looking from that angle also it could be seen that the reliefs sought for by the petitioner in the writ petition has virtually become infructuous. Moreover, the subject issue raised by the petitioner in the writ petition is a service matter, in which no public interest can be maintained, which is a well settled position in law. Considering all the above aspects, we do not think petitioner has made out a case so as to secure any reliefs sought for. Needless to say, the writ petition fails, accordingly it is dismissed. Sd/- **S.MANIKUMAR** **CHIEF JUSTICE** Sd/- **SHAJI P.CHALY** smv **JUDGE** W.P.(C) 37926 of 2018 22 ## **APPENDIX OF WP(C) 37926/2018** |**PETITIONERS' EXHIBITS**|| |---|---| |**EXHIBIT P1**|**TRUE COPY OF THE NOTIFICATION FOR THE POST OF**| ||**HIGH SCHOOL ASSISTANTS (PHYSICAL SCIENCE),**| ||**KANNADA MEDIUM IN CATEGORY NOS. 422/2012-**| ||**424/2012 DATED 16.07.2012**| |**EXHIBIT P1(a)**|**TRUE COPY OF THE NOTIFICATION FOR THE POST OF**| ||**HIGH SCHOOL ASSISTANTS (MATHEMATIC) IN KANNADA**| ||**MEDIUM IN CATEGORY NO. 266/2013 DATED**| ||**31.08.2013**| |**EXHIBIT P1(b)**|**TRUE COPY OF THE NOTIFICATION FOR THE POST OF**| ||**HIGH SCHOOL ASSISTANTS (SOCIAL STUDIES)-**| ||**KANNADA MEDIUM IN CATEGORY NO. 345/2014 DATED**| ||**12.08.2014**| |**EXHIBIT P1(c)**|**TRUE COPY OF THE NOTIFICATION FOR THE POST OF**| ||**HIGH SCHOOL ASSISTANTS (PHYSICAL SCIENCE)**| ||**KANNADA MEDIUM IN CATEGORY NO. 321/2015 AND**| ||**322/2015 DATED 29.09.2015**| |**EXHIBIT P1(d)**|**TRUE COPY OF THE NOTIFICATION FOR THE POST OF**| ||**HIGH SCHOOL ASSISTANTS (SOCIAL STUDIES)**| ||**KANNADA MEDIUM IN CATEGORY NO. 324/2015 DATED**| ||**29.09.2015**| |**EXHIBIT P2**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**422/2012 DATED 30.01.2018**| |**EXHIBIT P2(a)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**423/2012 DATED 30.01.2018**| |**EXHIBIT P2(b)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**424/2012 DATED 30.01.2018**| |**EXHIBIT P2 (c)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**266/2013 DATED 31.05.2018**| |**EXHIBIT P2(d)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**321/2015 DATED 30.01.2018**| |**EXHIBIT P2(e)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**322/2015 DATED 30.01.2018**| |**EXHIBIT P2(f)**|**TRUE COPY OF THE RANK LIST IN CATEGORY NO.**| ||**324/2015 DATED 26.7.2018**| W.P.(C) 37926 of 2018 23 **EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NO. 22953/2010 AND W.P.(C) NO. 24344/2013 OF THIS HON'BLE COURT DATED 13/01/2016 EXHIBIT P4 TRUE COPY OF THE GO(P) NO. 166/16/G EDN. DATED 30.09.2016 EXHIBIT P5 TRUE COPY OF THE QUESTION PUT UNDER THE RIGHT TOO INFORMATION ACT BY MR. GANGADHAR BEFORE THE 2ND RESPONDENT DATED 7.8.2018 EXHIBIT P5 TRUE COPY OF THE ANSWER OBTAINED MR. GANGADHAR UNDER THE RTI ACT DATED 6.9.2018 EXHIBIT P5 TRUE ENGLISH TRANSLATION OF EXT. P5(A) DATED 6.9.2018 EXHIBIT P6 TRUE COPY OF THE QUESTION PAPER (OMR) (HSA SOCIAL SCIENCE) DATED NIL EXHIBIT P6(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P6 CONTAINING QUESTIONS IN KANNADA DATED NIL EXHIBIT P7 TRUE COPY OF THE SPECIMEN OMR ANSWER SHEET DATED NIL. EXHIBIT P8 TRUE COPY OF THE NOTIFICATION INVITING APPLICATIONS FROM CANDIDATES FOR APPOINTMENT AS UPSA KANNADA MEDIUM DATED 15.11.2013 EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, KASARGODE TO MS. NANDINI DATED 1.10.2018 EXHIBIT P9(a) TRUE ENGLISH TRANSLATION OF EXT. P9 DATED 1.10.2018 EXHIBIT P10 TRUE COPY OF THE STATEMENT FILED BY THE 10TH RESPONDENT DATED 10.2.2019 EXHIBIT P10(a) TRUE ENGLISH TRANSLATION OF EXT.P10 EXHIBIT P11: TRUE COPY OF THE STATEMENT FILED BY THE 11TH RESPONDENT.**