IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 29439 of 2008(D) -------------------------- PETITIONER(S): --------------- INDUSREE.B.R, DEEPTHI, MYLOM.P.O, KOTTARAKKARA, KOLLAM DISTRICT FROM SENAPATHI BUNGLOW, MANJAPPRA.P.O, AYOOR, KOTTARAKKARA, KOLLAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF TECHNICAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF TECHNICAL EDUCA4TION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A. J. VARGEHSE BY SC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.29439/2008 ----------------------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT Petitioner submits that he had responded to the notification issued by the 3rd respondent for filling up the post of Lecturer in Information Technology. It is stated that, in the ranked list that has been published, he has been included at Sl.No.19. 2. Referring to Ext.P2, counsel for the petitioner submits that, from out of the list 18 OC candidates have been advised and that if any further vacancies reported, petitioner is the next candidate to be advised. According to the petitioner, one of the candidates, ie rank No.18 in Ext.P2, who was already advised has not joined duty and therefore there is a NJD vacancy to be reported. It is stated that the list is to expire on 13.12.2008 and therefore the WP(c).No.29439/08 2 delay if any caused in this regard will deprive the petitioner of the chance to get advised. 3. Learned Government Pleader on the other hand would submit that rank No.18, though advised had initially sought 45 days joining time and on expiry there of, sought further extension of 90 days. It is stated that as at present no decision has been taken on his request and therefore presently there is no NJD vacancy to be reported to the PSC. 4. From the above it is obvious that, rank No.18 has not so far joined duty and his request for extension of joining time is also pending consideration of the authorities. In the meanwhile, the list is expiring and in the event he does not ultimately join, even if there occur a vacancy after the expiry of the list, the petitioner will be loosing his opportunity. 5. In order to avoid such a situation, I direct that the second respondent shall report one vacancy to the 3rd respondent and the 3rd respondent need not advice any WP(c).No.29439/08 3 candidate in response there to. In the event there occur a NJD vacancy as contended by the petitioner, on being intimated of the same, the 3rd respondent shall advice an eligible candidate against that vacancy. Writ Petition is disposed of as above. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.29439/08 4