IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 26605 of 2006(P) ---------------------------------------- PETITIONER(S): ------------------------- SAIRAM.R., TC 30/1109, CHITHRAVATHY, HOUSE NO.KRA 77, AMBALATHUMUKKU, PETTAH, THIRUVANANTHAPURAM. BY SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE, BY ADV. SRI.SARVOTHAMAN, SRI.C.RAJASEKHARAN NAIR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 5. THE TAHSILDAR, THIRUVANANTHAPURAM. 6. THE VILLAGE OFFICER, VANCHIYOOR, THIRUVANANTHAPURAM. Kss ..2/- ..2... WPC.NO.26605/2006 P *ADDL.R7 TO R15 IMPLEADED: R7. NEENA.T.S., 'THYVALAPPIL HOUSE', PUDURKKARA POST, AYYANTHOLE, THRISSUR - 680 003. R8. SAJI.Y., B/4, 'ELANKOM GARDENS', PANKAVIL, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010. R9. ASHA K.B., 'SUMANGALAMANIRAM', MANGALACKAL, AMACHAL POST, KATTAKADA, THIRUVANANTHAPURAM. R10. TARA JANE PAUL, HOUSE NO.4, CO-OPERATIVE COLONY, POLAYATHODU, KOLLAM. R11. SUBASH SREE V, 'PENANG HOUSE', T.C.2/2419, PATTOM POST, THIRUVANANTHAPURAM. R12. SMITHA T.M., 'CHITHRA', PRA-7 (PADINJATTIL LANE), KUMARAPURAM, MEDICAL COLLEGE POST, THIRUVANANTHAPURAM. R13. MOHANAN P., 'CHEMMANAMKAD', MANAMKULAMBU, THENKURISSI POST, ALATHUR, PALAKKAD. R14. BHARATHI P.K., 'PANTHAKATTIL HOUSE', PUTHUR POST, PANOOR VIA, KANNUR DIST - 670 692. R15. HARINARAYANAN V., 'VYASASHARAMAM', PERUVALLA, PARUTHIPULLY POST, ALATHOOR, PALAKKAD - 678 573. (*ADDL.R7 TO R15 ARE IMPLEADED AS PER ORDER DTD. 10/06/2008 IN I.A.NO.6597/2008) R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R9 & R13 BY ADV. SRI.D.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010 ALONG WITH WPC.NO.15181 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26605/2006 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PART OF THE NOTIFICATION PUBLISHED IN THE EXTRA ORDINARY GAZETTE DTD. 29/03/2005 BY THE KERALA COLLEGIATE EDUCATION DEPARTMENT FOR THE POST OF LECTURER IN PHILOSOPHY. P2A: COPY OF THE B.A. CERTIFICATE OF THE PETITIONER FROM THE UNIVERSITY OF KERALA. P2B: COPY OF THE MARK LIST IN M.A.DEGREE OF THE PETITIONER FROM THE PETITIONER FROM THE UNIVERSITY OF KERALA. P2C: COPY OF THE RANK CERTIFICATE OF THE PETITIONER FROM THE UNIVERSITY OF KERALA IN M.A.PHILOSOPHY. P2D: COPY OF THE CERTIFICATE FROM THE UNIVERSITY OF KERALA, DTD. 05/`11/2003. P3: COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION. P4: COPY OF THE NOTIFICATION PUBLISHED IN 'KERALA KAUMUDHI' DAILY DTD. 12/02/1969. P5: COPY OF THE S.S.L.C.BOOK OF THE PETITIONER. P6: COPY OF THE FRONT PAGE OF THE S.S.L.C. BOOK OF THE PETITIONER'S SISTER SANDHYA. P7: COPY OF THE FRONT PAGE OF THE S.S.L.C.BOOK OF THE PETITIONER'S BROTHER-IN-LAW SRI. D.ARUN. P8: COPY OF THE WEDDING CERTIFICATE OF THE PETITIONER'S BROTHER SRI.R.SUDHEER CHANDRA TO SMT. V.S.ANILA DTD. 10/10/2004 ISSUED BY THE S.N.D.P. YOGAM SAKHA NO.947, THIRUVANANTHAPURAM. P9: COPY OF THE NOTICE OF THE KOMALEZHATHU FAMILY KUDUMBAYOGAM. P10: COPY OF THE RANK LIST OF THE PETITIONER'S SISTER ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION FOR LEGAL ASSISTANT GRADE II. Kss ..2/- ..2.... WPC.NO.26605/2006 P P11: COPY OF THE LETTER NO.G.R.2(b)(2) 27219/04/GW/118 DTD. 14/06/2005 OF THE KERALA PUBLIC SERVICE COMMISSION. P12: COPY OF THE CAST CERTIFICATE OF THE PETITIONER NO.A10 21196/99 DTD. 14/10/1999 ISSUED BY THE TAHSILDAR,THIRUVANANTHAPURAM. P13: COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI THOZHILVARTHA DTD. 26/08/2006. P14: COPY OF THE NOTIFICATION NO.SC 56/06/E.R.I. CATEGORY NO.2/05 DTD. 13/07/2006 ISSUED BY THE PUBLIC SERVICE COMMISSION. P15: COPY OF THE REPRESENTATION SUBMITTED BY THE KERALA PHILOSOPHY ASSOCIATION, A REGISTERED ORGANIZATION TO THE DIRECTOR OF COLLEGIATE EDUCATION ON 27/07/2005. P16: COPY OF THE CIRCULAR NO.4441/AV/C3/97/P AND ARD DTD. 21/03/1997 ISSUED BY THE GOVERNMENT. P17: COPY OF THE APPLICATION PREFERRED BY THE PETITIONER DTD. 10/08/2006 ALONG WITH RIGHT ANSWERS AND WRONG ANSWERS AND THE CHALAN. P18: COPY OF THE G.O(MS) 11/77/DD DTD. 25/01/1977. P19: COPY OF THE G.O.(MS) 806/79/00 DTD. 24/04/1979. P20: COPY OF THE G.O.(MS) 11/2005/SCST DD DTD. 22/03/2005. P21: COPY OF THE GOVERNMENT LETTER NO.3424 DTD. 12/07/1984. P22: COPY OF THE G.O.(MS) 25/2005/SCST DD DTD. 20/06/2005. P23: COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM THE PUBLIC SERVICE COMMISSION. P24: COPY OF THE APPLICATION DTD. 16/09/2006 SENT BY PETITIONER TO VILLAGE OFFICER FOR ISSUANCE OF CREAMY LAYER CERTIFICATE. P25: COPY OF THE APPLICATION OF THE PETITIONER TO THE ADDITIONAL LAW SECRETARY UNDER THE RIGHT TO INFORMATION ACT, 2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.26605/2006-P & 15181/2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2010. JUDGMENT The petitioner in W.P.(C) No.26605/2006 is the second respondent in W.P.(C) No.15181/2008 which is filed by the Public Service Commission. In W.P.(C) No.26605/2006 the main prayer is to declare that the petitioner is entitled to be included in the main list for selection to the post of Lecturer in Philosophy. It is submitted by the learned counsel for the petitioner that during the pendency of the writ petition, the petitioner has already been appointed in the same stream. 2. In W.P.(C) No.15181/2008 the Public Service Commission is aggrieved by Ext.P7 order passed by the first respondent, whereby a direction was issued to the Public Service Commission to disclose the total marks obtained by the second respondent. It is submitted by the learned counsel for the second respondent that the same has become unnecessary, in view of the subsequent development. In that view of the matter, as the second respondent has no subsisting grievance in the matter, the order wpc 26605/2006 & 15181/2008 2 Ext.P7 is vacated. Both the writ petitions are accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/