IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 24263 of 2009(C) PETITIONERS : 1. SUJITHA P.K., AGED 31,D/O.P.RAGHAVAN,NEAR M.G.U.P.SCHOOL, KARIVELLUR P.O.,PIN-670 521. 2. PRASANTH, AGED 29,S/O.KUNHIKANNAN A., ANJCHIL HOUSE,PATHIKKAL,TURUTHY P.O., KASARAGOD DISTRICT,PIN-671 351. 3. SINDHU K.O.V., AGED 36,D/O.KUNHIKANNAN P., HARISHRI,KURUKKOOTTY,P.O.MATHIL, PAYYANNUR,PIN-670 343. 4. GEETHA, AGED 32,D/O.K.KUMARAN, POOMANGALAM P.O.,CHERUPARA,THIMIRI, CHAPPARAPPADAVU (VIA),KANNUR. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENTS: 1. THE STATE OF KERALA, REP.BY THE SECRETARY,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION,KASARAGOD. 4. KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRTARY,PATTOM, THIRUVANANTHAPURAM. ADDL.R5 TO R7 IMPLEADED: 5. PREETHA K.V., W/O.HARIDAS C.M., AGED 35 YEARS, KALYANI NILAYAM, ADUTHILA, PAYANGADI P.O., KANNUR DISTRICT, PIN - 670 303. W.P.(C) NO.24263 OF 2009 :: 2 :: 6. ANITHA P.T., W/O.NANDANAN, AGED 35 YEARS, MANGAT HOUSE, MANADUKKAM P.O., CHENGALA VIA, KASARAGOD - 671 541. 7. SULEKHA M.P., W/O.SIVADAS, AGED 34 YEARS, MATHRADAN PUTHIRAKKAL, KODAKKAD P.O., THRIKKARIPOOR (VIA), KASARGOD DISTRICT, PIN - 671 357. ADDL.R5 TO R7 IMPLEADED AS PER ORDER DATED 19.10.2010 IN I.A.NO.12796 OF 2010. R4 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R1 TO R3 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD ADDL.R5 TO R7 BY ADV.SRI.O.V.MANIPRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, ALONG WITH WPC NO. 10444 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (IN W.P.(C) NO.24263 OF 2009) PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE RANKED LIST DATED 18.12.2006 ISSUED BY THE FOURTH RESPONDENT. EXT.P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE PUBLIC SERVICE COMMISSION INVITING APPLICATIONS FOR THE POST OF LOWER PRIMARY SCHOOL ASSISTANTS (MALAYALAM MEDIUM) IN 14 DISTRICTS. EXT.P3 TRUE COPY OF THE CIRCULAR DATED 12.1.2010 ISSUED BY THE GOVERNMENT. EXT.P4 TRUE COPY OF THE COMMUNICATION DATED 4.8.2009 RECEIVED BY THE SECOND PETITIONER FROM THE PUBLIC INFORMATION OFFICER, KASARAGOD. EXT.P5 TRUE COPY OF THE COMMUNICATION DATED 7.8.2009 RECEIVED BY THE SECOND PETITIONER FROM THE PUBLIC INFORMATION OFFICER, HOSDURG. EXT.P6 TRUE COPY OF THE COMMUNICATION DATED 12.8.2009 RECEIVED BY THE FIRST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, CHITTARIKKAL. EXT.P7 TRUE COPY OF THE COMMUNICATION DATED 5.9.2009 RECEIVED BY THE FIRST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, KASARAGOD. EXT.P8 TRUE COPY OF THE COMMUNICATION DATED 6.11.2009 RECEIVED BY THE FIRST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, KASARAGOD. EXT.P9 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD DATED 9.2.2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 24263 OF 2009 C and W.P.(C) NO. 10444 OF 2010 E ------------------------------------------------------ Dated this the 19th day of October, 2010 JUDGMENT The petitioners in the Writ Petitions were included in the rank list for appointment to the post of LPSAs (Malayalam Medium) in Kasaragod District. The Writ Petitions are filed mainly for a direction to report the substantive vacancies to the Kerala Public Service Commission. The rank list expired on 30.4.2010. On 16.4.2010, the following interim order was passed in the Writ Petitions: “Heard the learned counsel for the petitioners and the learned Government Pleader. There is a dispute as to the number of vacancies of L.P.S.A. (Malayalam Medium) in Kasaragod District. It is not proper to decide the disputes in these Writ Petitions. Accordingly, there will be an interim direction to report all available vacancies as per law in L.P.S.A.(Malayalam Medium) in Kasaragod District to the Kerala Public Service Commission so as to reach the same before the Kerala Public Service Commission on or before 29.04.2010. W.P.(C) NOS.24263 of 2009 & 10444 of 2010 :: 2 :: This interim order is only provisional and no advise shall be made on the basis of this interim order.” 2. It is submitted by the learned Government Pleader that only five substantive vacancies of L.P.S.A. (Malayalam Medium) exists in Kasaragod District and those vacancies have been reported to the Kerala Public Service Commission pursuant to the interim order dated 16.4.2010. It is also submitted by the learned Government Pleader that there is no other vacancy, which is set apart for direct recruitment, to be reported to the Public Service Commission. This submission made by the learned Government Pleader is not disputed by any of the counsel appearing for the parties. 3. In the facts and circumstances mentioned above, what remains is only to issue a direction to the Kerala Public Service Commission to advise the eligible candidates for appointment from the rank list in accordance with law. Accordingly, there will be a direction to the Kerala Public Service Commission to advise the candidates, who are eligible to be appointed as LPSAs (Malayalam W.P.(C) NOS.24263 of 2009 & 10444 of 2010 :: 3 :: Medium) in Kasaragod District, in respect of the vacancies reported to the Commission, in accordance with law from the rank list. No further directions are required in these Writ Petitions. The Writ Petitions are accordingly closed. (K.T.SANKARAN) Judge ahz/