IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36660 of 2008(L) -------------------------- PETITIONER(S): --------------- SHRI.SINU SEBASTIAN, KAITHAPRAMPIL HOUSE, MAMMOOD P.O., CHANGANASSERY, KOTTAYAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER SHRI.ALEXANDER P.THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.36660 of 2008 ------------------------------------- Dated this the 12th day of December, 2008 J U D G M E N T Ext.P1 is the ranked list prepared by the Public Service Commission for appointment to the post of Lecturer in Chemistry in the Colleges under the 2nd respondent. The petitioner is included in the said ranked list. His grievance is that he has not been advised for appointment so far. Referring to Exts.P3 to P5, the petitioner submits that the Principals of the Colleges mentioned therein have recommended for creation of 13 posts of Lecturers in Chemistry, and that the matter is still pending consideration of the 2nd respondent. 2. It is stated that since the 2nd respondent has not taken any decision on Exts.P3 to P5, the aforesaid posts are not created, and as a result of which, the vacancies are not reported for advising candidates from the ranked list. In these circumstances, it is stated that the petitioner has filed Ext.P6 representation before the 2nd respondent praying to take a decision on the recommendations W.P.(C) No.36660/2008 -2- made by the College Principals for creation of posts vide Exts.P3 to P5. 3. If as stated by the petitioner, by Exts.P3 to P5 recommendation for creation of posts have been made, this is certainly a matter for the 2nd respondent to consider and take a decision thereon. This the 2nd respondent shall do without any further delay on production of a copy of this judgment. 4. Although the learned counsel for the petitioner submits that in view of the recommendations for creation of posts, which are now occupied by guest lecturers, the vacancy should be reported atleast on a provisional basis, having regard to the fact that the posts are yet to be created, I am not inclined to pass any order as sought for. 5. The writ petition is therefore disposed of directing that the 2nd respondent shall take a decision on Exts.P3 to P5 and P6 representation immediately on receipt of a copy of this judgment along with a copy of this writ petition. (ANTONY DOMINIC, JUDGE) jg