IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 2260 of 2007(R) ------------------------- PETITIONER(S): ------------------ 1. RAJ. T.L., MAUILAYIL HOUSE, THEVALAKKARA WEST-NORTH, PUTHANAMPALAM P.O., KOLLAM DISTRICT. 2. SHYAM SHANKER K.R., S/O.KRISHNA KURUP, SHARATH NIVAS, MITHINMALA, TRIVANDRUM. 3. RAJESH C.A., CHONGAMTHARAYIL, THYCKAL P.O., CHERTHALA. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ------------------ 1. THE STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, P.S.C. BHAVAN, KASARGOD. 3. THE DIVISIONAL FOREST OFFICER, NORTH KASARGOD DIVISIONAL OFFICE, KASARGOD DISTRICT. 4. THE DIVISIONAL FOREST OFFICER, SOUTH KASSARGOD DIVISIONAL OFFICE, KASARGOD DISTRICT. 5. THE KASARGOD WILDLIFE WARDEN, KASARGOD WILDLIFE DIVISION, KASARGOD DISTRICT. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R.2 GOVERNMENT PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2260/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: THE PHOTOCOPY OF the GAZETTE NOTIFICATION PUBLISHED BY THE PSC DURING THE YEAR 2002. EXT.P2: TRUE PHOTOCOPY OF THE MAIN LIST PUBLISHED BY THE DISTRICT OFFICE OF PSC, KASARGOD DISTRICT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 2260 OF 2007 (R) ===================== Dated this the 25th day of September, 2009 J U D G M E N T The prayer sought in this writ petition is to declare that the special recruitment of scheduled tribe candidates to the post of Forest Guard from Kasargod district was in excess of 7.5% of the vacancies and in violation of Article 14 of the Constitution of India. There is a further prayer to declare that the post of Forest Guards shall be filled up only from Ext.P2 select list. 2. Even going by the pleadings in the writ petition, pursuant to the Government directive, ignoring the select list, entire vacancies are already filled up by appointing scheduled tribe candidates. 3. If relief sought for is granted, that will result in invalidating the appointments made, which cannot be done in the absence of the affected parties being impleaded in this writ petition. Admittedly, none of them has been impleaded and for that reason itself, the relief sought for cannot be granted. Writ petition therefore fails and is dismissed. ANTONY DOMINIC, JUDGE Rp