IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 13873 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. SUJATHA V.V., D/O.V.K.VASUDEVAN, VALOTHOTTIL HOUSE, VELOOR P.O. KOTTAYAM DIST. 2. SHEEBA.V., D/O.KUNJAPPAN, AIKKARAKANDAM HOUSE, MULAKULAM SOUTH P.O., KOTTAYAM DIST. 3. JAISON ABRAHAM, POOVATHANICKAL HOUSE, POOVARANI P.O., KOTTAYAM DISTRICT. 4. SMITHA K.C., KARAKKATHARAYIL, MARAVANTHURUTHU P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM. BY G.P.SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, ALONG WITH WPC NO. 16199 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13873 of 2010(H) PETITIONERS EXTS: EXT.P1:- COPY OF RANKED LIST FOR THE POST OF LPSA IN KOTTAYAM DT. EXT.P2:- COPY OF GO(Rt) NO.10/10 DTD.12.1.2010. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------------ W.P.(C).Nos.13873 & 16199 OF 2010 ------------------------------------ Dated this the 14th day of October, 2010 JUDGMENT The petitioners in these Writ Petitions are persons who were included in the ranked list published by the Kerala Public Service Commission for selection to the post of L.P.School Assistant in Kottayam District. The ranked list came into force on 26.12.2006. Before the expiry of the ranked list, the currency of the same was extended till 30.4.2010. 2. The case of the petitioners was that in spite of sufficient number of vacancies having arisen during the currency of ranked list, those vacancies were not reported in due course, which affected the prospects of the petitioners to get a job. In WP(C) No.13873 of 2010, an interim order was passed on 27.4.2010, which reads as follows: “Admit. Issue notice to respondents 1 and 3 by speed post returnable in 10 days. Sri.Alexander Thomas, learned Standing Counsel takes notice for respondents 2 and 4. W.P.(C).Nos.13873 & 16199 OF 2010 2 There will be an interim order directing the third respondent to report 17 vacancies of LPSA(Malayalam) in Kottayam district on a provisional basis to the 4th respondent. The requisition shall be made in the prescribed form and shall be sent in such a manner that it reaches to the Kerala Public Service Commission before the close of office hour on 29.4.2010. It is clarified that such reporting of vacancies will be purely provisional and that the KPSC need not advise any candidate against such vacancies unless otherwise ordered by this Court.” 3. It is stated that the interim order was complied with and the vacancies were reported before the expiry of the ranked list. 4. According to the petitioners, there are substantive vacancies in which the petitioners can be appointed. The petitioner in WP(C) No.16199 of 2010 states that, if advise is made in one vacancy reported to the Public Service Commission, she will get appointment. It is also stated by her that a vacancy had arisen at GLP School at T.V Puram on 29.3.10 due to the death of a teacher, namely, W.P.(C).Nos.13873 & 16199 OF 2010 3 T.K.Soman. 5. Though ample opportunities were given to file statements and particularly with reference to the averments in paragraph 7 in WP(C) No.16199 of 2010, no statement is filed by the respondents. As such, there is no clear data available before court as to how many substantive vacancies arose before the expiry of the ranked list. 6. Now, 17 vacancies have been reported, in compliance with the interim order dated 27.4.2010. It is the duty of the respondents concerned to make it specific as to how many substantive vacancies arose before the expiry of the ranked list. It is also the duty of the Public Service Commission to advise candidates from the ranked list in accordance with law, in respect of those substantive vacancies reported before the expiry of the ranked list. The authorities cannot shirk W.P.(C).Nos.13873 & 16199 OF 2010 4 their responsibility causing misery and prejudice to the persons who were included in the rank list. Any justification would not be a solace to the unemployed youth, who expect job before they cross the age within which they have to apply for getting a job. In the facts and circumstances of the case, the Writ Petitions are disposed of as follows: a) The respondents concerned shall specifically and clearly inform the Kerala Public Service Commission as to how many substantive vacancies arose for appointment of L.P.School Assistant in Kottayam District before the expiry of the ranked list and which vacancies were already reported to the Public Service Commission before the expiry of the ranked list. This shall be done W.P.(C).Nos.13873 & 16199 OF 2010 5 within a period of one month from the date of receipt of a copy of the judgment. b) The Kerala Public Service Commission shall advise candidates included in the ranked list, in accordance with law, and following all the relevant rules, in respect of those substantive vacancies mentioned above, without any delay. K.T.SANKARAN, JUDGE. cms