IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17213 of 2008(Y) -------------------------- PETITIONERS ----------------------- 1. VINODKUMAR.S, PRARTHANA, CHANTHAVILA, SAINIK SCHOOL.P.O, TRIVANDRUM. 2. GOKULACHANDRAN.M.S, PUNARTHAM, T.C. 13/1568, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE.P.O, TRIVANDRUM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TAXES (EXCISE) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.THOMAS JULIEN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 17213 of 2008 -------------------------- Dated this the 11th June, 2008 J U D G M E N T Petitioners applied pursuant to ExhibitP3 notification issued by the Public Service Commission for the post of Excise Preventive Officer. Apparently, the written test was held on 12.1.2008 and the selection had to be finalised. It seems that in the meanwhile a proposal for amendment of the Special Rules for the Kerala Excise and Prohibition Subordinate Service had engaged the attention of the Government. Proposal seems to be to amend the rules in such a way that recruitment to the post of Excise Preventive Officer will be done only by promotion from among Excise Guards. Petitioners rightly point out that even if such rules are amended it cannot affect the vacancies which have already been reported to the Public Service Commission. A subsequent amendment, they contend, cannot have the effect of withdrawing the requisition already made. These facts W.P ( C) No. 17213 of 2008 2 are brought to the notice of the Government vide Exhibit- P7. 2. I heard learned counsel for the petitioners Sri.Elvin Peter and learned Government Pleader and I have perused the averments in the writ petition as also Exhibit- P7. 3. In the result, the writ petition is disposed of directing the 1st respondent to pay serious attention to Exhibit-P7 and take further action by passing orders on Exhibit-P7. The same shall be communicated to the petitioners, after hearing one among them, within a period of two months from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of the writ petition along with copy of this judgment before the 1st respondent, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No. 17213 of 2008 2 W.P ( C) No. 17213 of 2008 2