IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WA.No. 2413 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36660/2008 Dated 12/12/2008 .................... APPELLANT/ PETITIONER ----------------- SINU SEBASTIAN KAITHAPARAMPIL HOUSE, MAMMOOD P.O., CHANGANASSERY, KOTTAYAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM TRIVANDRUM, REPRESENTED BY ITS SECRETARY. ADDL.R4: ZACHARIAH P.M., S/O. MATHEW MATHEW, PULLUPARAMBPIL, MALAM P.O., KOTTAYAM - 686 031. (IMPLEADED AS PER ORDER DATED 25.5.2009 IN I.A.NO.102/2009) ADV. SRI.BRIJESH MOHAN FOR ADDL.R4 SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 SENIOR GOVT.PLEADER, SRI.BENNY GERVASIS FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A. NO. 2413 OF 2008 ----------------------------------------- Dated 25th May, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He was a candidate included in Ext.P1 rank list published by the Public Service Commission for appointment to the post of Lecturer in Chemistry in the Department of Collegiate Education. He was an open merit candidate ranked as 41 in the said list. On coming to know that a proposal for creation of 13 posts of Lecturer in Chemistry was pending before the Government, the Writ Petition was filed, seeking appropriate directions, so that the Government could be compelled to take a decision on the said proposal. The learned Single Judge disposed of the Writ Petition, directing the Director of Collegiate Education to take a decision on Exts.P3 to P5 recommendations made by different colleges and Ext.P6 representation filed by the appellant. 2. Dissatisfied with the direction of the learned Single Judge, this Writ Appeal is filed. The learned standing counsel for the P.S.C submitted WA 2413/2008 2 that the rank list expired on 19.12.2008. So, even if posts are created and reported, advice cannot be made from Ext.P1 to those vacancies. Therefore, the Writ Appeal has become infructuous. The learned Government Pleader pointed out that owing to financial constraints, the Government are not in a position to sanction additional teaching posts. 3. Having regard to the facts of the case, the appeal is disposed of, directing the 1st respondent to take a decision on Exts.P3 to P5 and P6 within four months from the date of production of a copy of this judgment. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/