IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 24916 of 2008(N) -------------------------- PETITIONER/PETITIONER: ------------------------------ JEEJAMOL K.C., KADUVAPPARACKAL HOUSE, THODUPUZHA P.O., IDUKKI- 685584. BY ADV. SRI. ELVIN PETER P.J. RESPONDENTS/RESPONDENTS: ------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANATHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. A.J. VARGHESE ADV. ABRAHAM THOMAS, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 24916 OF 2008 N = = = = = = = = = = = = = = = Dated this the 23rd day of October 2008 J U D G M E N T Petitioner is a candidate included in the ranked list for the post of H.S.S.T. Computer Science and Computer Application. According to the petitioner she is rank No. 1 in the supplementary ranked list for Viswakarma Community. Relying on Ext. P4 an information that has been furnished under the Right to Information Act by the Directorate of Higher Secondary Education that there are 14 vacancies, petitioner submits that if these vacancies are reported she is the next candidate to be advised. On that basis writ petition has been filed for compelling the respondents to report the 14 vacancies mentioned in Ext. P4. 2. On instructions, learned Govt. Pleader today submits that according to the department there are nine substantive vacancies. However, from the submissions made it is evident that one Section Officer by name Shaji, is entertaining a doubt as to whether the W.P.(C) No. 24916 OF 2008 -2- remaining five vacancies are to be reported and the basis thereof is not forthcoming. In my view this is an absolutely arbitrary attitude. In fact, even for obtaining instructions this case had to be adjourned on five occasions and this is the vague instruction that has been given at the belated stage. 3. When the vacancies have been intimated to the Director, it is absolutely irrational for an officer to entertain this kind of a baseless doubt and play with the future of the candidates in the ranked list. Now that it is established that there are 14 vacancies as confirmed by Ext. P4, the second respondent shall ensure that the 14 vacancies are reported as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment. Once the vacancies are reported, candidates shall be advised immediately. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-jj