IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 31925 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------- SIMI WILSON, WIFE OF YELDOS, AGED 31 YEARS, THENGUNGAL HOUSE, P.O.NADUVATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-PIN-695 035. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), MALAPPURAM DISTRICT-PIN-676 505. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE, THIRUVANANTHAPURAM-695 004. 5. THE DISTRICT OFFICER, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM DISTRICT-676 505. R1 TO R3 BY GOVERNMENT PLEADER SRI.SHAIJ RAJ T.K. R4 & R5 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31925/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT PAGES OF THE RANK LIST NO.130/07/SSV CATEGORY NO.15/2001, DATED NIL. P2 COPY OF THE LETTER NO.A5-19449/11 OF THE DISTRICT MEDICAL OFFICER (HEALTH) MALAPPURAM. DATED 17/11/2011. P3 COPY OF THE ORDER NO.EE5/57779/2011/DHS ALONG WITH APPENDIX, DATED 19/11/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31925 OF 2011 ----------------------------------------------------------- Dated this the 23rd December, 2011. JUDGMENT The grievance of the petitioner is that though there are vacancies available for being reported to the Kerala Public Service Commission (PSC for short), the respondents have not reported such vacancies. The petitioner is a person who is included in Ext.P1 rank list of the PSC for appointment to the post of Staff Nurse in Malappuram district. The list is due to expire on 31-12-2011. Though this case was filed on 29-11-2011 and the matter was being adjourned for the Govt. Pleader to get instructions, the Govt. Pleader submits even today that he has not been able to obtain any instructions. Since the list is due to expire on 31-12-2011 the petitioner presses for the issue of an interim order directing that the available vacancies be reported. The counsel for the petitioner has handed over to me order No: EH1-53905/11 DHS dated 27-9-2011 issued by the Director of Health Services, Thiruvananthapuram directing that all available vacancies should be reported including supernumerary vacancies. The list appended to the above order as Annexure 1 shows that there are 9 WPC 31925/2011 2 supernumerary vacancies consequent to the retirement of employees in Malappuram district. However, it has to be ascertained as to how many vacancies are actually available for being reported to the PSC. The said exercise would have to be undertaken by the third respondent and he would have to report all the available vacancies including the supernumerary vacancies for advise to the PSC. 2. A counter affidavit has been filed on behalf of the PSC. The standing counsel relies on paragraph 3 of the counter affidavit to point out that as per the direction issued in a similar writ petition W.P(C) 4397/2011, the third respondent had been directed to report and that he has already reported 43 vacancies provisionally, with a direction not to advise candidates against the said vacancies without obtaining further orders from this Court. In the above circumstances the third respondent would also have to ascertain whether the nine vacancies that are made mention of in the order of the second respondent referred to above have already been reported in compliance with the interim order referred to above. After ascertaining the above two aspects, if vacancies are still available for reporting, certainly they would have to be reported to the PSC as expeditiously as possible and at any rate WPC 31925/2011 3 before 31-12-2011. 3. This writ petition is in the above circumstances disposed of directing the third respondent to ascertain the number of vacancies that are actually available for being reported to the PSC in accordance with the observations made above and to report all the vacancies that are available and earmarked for direct recruitment including supernumerary vacancies as expeditiously as possible so as to reach the PSC before 31-12-2011. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31925/2011 4