IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 32477 of 2008(N) -------------------------- PETITIONER(S): --------------- K.AHSOK KUMAR, KALARICKAL HOUSE, AKAPPARAMBU, MEKKAD.P.O, ERNAKULAM DISTRICT, PIN 683589. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC ROWKS DEPARTMENT, SECRETARIAT, THIRUVNANTHAPURAM 695001. 2. TRANSPORT COMMISSIONER,TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM 695033. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM.695004. BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD GOVERNMENT PLEADER SRI.P.NANDAKUMAR BY SRI.ALEXANDER THOMAS, SC FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 7/01/2010, THE COURT ON 17/05/2010 DELIVERED THE FOLLOWING: WP(C).No. 32477 of 2008(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTIFICATION S.O.443(E) ISSUED BY THE CENTRAL GOVERNMENT DATED 12.6.1989. EXT.P2: TRUE COPY OF THE ORDER IN R.P.NO.924 OF 2007 AND CONNECTED CASES DATED 23.11.2007. EXT.P3: TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 25.8.2008 IN W.P.(C)NO.16990/2008. EXT.P4: TRUE COPY OF THE RELEVANT EXTRACT OF LIST PREPARED BY 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER NO.A4/14227/T.C./2008 ISSUED BY THE 2ND RESPONDENT DATED 26.8.2008. EXT.P6: TRUE COPY OF THE ALLOTMENT CHART ISSUED UNDER RIGHTS TO INFORMATION ACT. // TRUE COPY // P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.32477 of 2008 ---------------------------- Dated this the 17th day of May, 2010 JUDGMENT The petitioner is a candidate included in the ranked list published by the Kerala Public Service Commission on 6.12.2005 for appointment to the post of Assistant Motor Vehicles Inspector in the Motor Vehicles Department. This writ petition is filed contending that though a large number of vacancies of Assistant Motor Vehicles Inspector exist, the Kerala Public Service Commission has not advised candidates against the said vacancies. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to fill up the vacant posts of Assistant Motor Vehicles Inspectors. The petitioner also relies on Ext.P2 order passed by this Court to contend that in view of the decision of the Division Bench of this Court in W.A.No.1643 of 2007 and connected cases, unqualified ministerial staff who were appointed by transfer as Assistant Motor Vehicles Inspector should be reverted and the said vacancies should also be filled up by direct recruitment. I have by judgment delivered today in W.P.(C)No.16193 of 2007 and connected cases upheld the validity of Note II to rule 5 WP(C).No.32477/2008 2 of the Kerala Transport Subordinate Service Rules, 2008. In the light of the said decision, the petitioner cannot be heard to contend that Assistant Motor Vehicles Inspectors who acquired the working experience before acquiring the requisite educational qualification should be reverted. I have by judgment delivered today in W.P.(C) No.16990 of 2008 directed the Kerala Public Service Commission to advise candidates against 22 vacancies that had been reported to the Commission prior to 5.12.2008, if advices have not been made against such vacancies. The said direction will govern this case also. The writ petition is disposed of with the above direction. P.N.RAVINDRAN Judge TKS