IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 OP.No. 25686 of 2001(G) ----------------------------- PETITIONER(S): ------------------- KUNUVILA M. NURALI, STUDIO ASSISTANT, GRADE 1., COLLEGE OF FINE ARTS, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF TECHNICAL EDUCAITON, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, COLLEGE OF FINE ARTS, PALAYAM, THIRUVANANTHAPURAM. 3. THE PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 25686/2001 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS NO.G5/756/82 DATED 21/05/1982 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE ORDER NO.EE4/42479/88 DATED 15/11/1998 PASSED BY THE DIRECTOR TECHNICAL EDUCAITON. P3: COPY OF THE ORDER C.R.5/284/92 DATED 16/06/1992 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE LETTER NO.C4-4118/K.DIS DATED 13.02.1975 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE GOVERNMENT ORDER NO.(Rt)NO1375/89/H.EDN. DATED 27/07/1989 OF THE FIRST RESPONDENT. P6: COPY OF THE DIPLOMA CERTIFICATE IN SCULPTURE AND MODELLING BY REGISTER NO.11 DATED 24/08/1990. P7: COPY OF THECERTIFICATE NO.C.F.45/1812/88 DATED 15/11/1988 ISSUED BY THE PRINCIPAL SHRI.KANAY KUNJIRAMAN, COLLEGE OF FINE ARTS, THIRUVANANTHAPURAM. P8: COPY OF THE G.O.(RT)2945/92/G.EDN. DATED 31/07/1992. P9: COPY OF THE MALAYALA MANORAMA DAILY, NEWS PAPER DATED 08/08/1993 UNDER THE CAPTION “ANNAKETTU INI KOLUMBANU ENNUM KANAM”. P10: COPY OF THE PHOTOGRAPH OF GARLANDING THE PETIIONER WITH PONNADA BY HIS EXCELLENCY THE GOVERNOR B.RABHAYYA. P11: COPY OF THE PETITIONER ALONGWITH STATUE OF OTTASEKRA MANGALAM JANARDANAN NAIR. P12: COPY OF THE WORK DONE IN PANCHALOHA OF THAZHIKAKUDAM. P12(a):COPY OF THE WORK DONE IN PANACHALOHA OF DEVI VIGRAHA. P12(b):COPY OF THE WROK DONE IN PANCHALOHA OF KAILASANATHA. P12(c):COPY OF THE WORK DONE IN PANCHALOHA OF SIVA PRATHIMA. P13: COPY OF THE CERTIFICATE NO.1022 (REGD.NO.9850) ISSUED TO THE PETITIONER BY JOINT CONTROLLER OF TECHNICAL EXAMINATIONS (KERALA). svs ..............2/-... ...2... O.P.NO.25686/2001 P14: COPY OF THE BIO-DATA OF THE PETITIONER. P15: COPY OF THE JUDGMENT, DATED 07/11/1996 IN O.P.NO.17466/96D PASSED BY THIS HONOURABLE COURT. P16: COPY OF THE LETTER NO.3317/J1/96/H/EDN. DATED 23/09/1997 ISSUED BY THE GOVERNMENT. P17: COPY OF THE LETTER NO.28628/J1/97/H.EDN. DATED 16/01/1998 ISSUED BY THE GOVERNMENT OF KERALA. P18: COPY OF THE LETTER NO.2664/J1/99/H.EDN. DATED 23/12/1999 ISSUED BY THE GOVERNMENT OF KERALA. P19: COPY OF THE LETTER NO.18602/J1/2000/H.EDN. DATED 23/08/2000 ISSUED BY THE GOVERNMENT OF KERALA. P20: COPY OF THE REPRESENTATION, DATED 29/03/2001 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER OF EDUCATION. P21: COPY OF THE G.O.(MS)3/88/H.EDN. DATED 01/01/88 ISSUED BY THE GOVERNMENTOF KERALA. P22: COPY OF THE EXTRACT OF GAZETTE NOTIFICATION, DATED 24/07/2001 ISSUED BY P.S.C. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.25686/2001-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8 th day of June, 2011 J U D G M E N T The petitioner had filed this writ petition while in service. He was working as Studio Assistant Grade-I in the College of Fine Arts, Thiruvananthapuram. 2. Various contentions have been raised in the writ petition and the main prayer is for quashing Ext.P22 which is a notification issued by the Public Service Commission for filling up the vacancy by direct recruitment. One of the prayers is for a direction to the respondents to finalise and publish the amendment of the Special Rules for the Kerala Technical Education Services. 3. Apparently, the post was earmarked for direct recruitment and the petitioner sought for a direction to amend the Special Rules by providing the method of filling up the vacancies by promotion. 4. It is pointed out that the petitioner has retired from service in the year 2004. In that view of O.P No.25686/2001 -:2:- the matter, due to efflux of time, the Original Petition has become infructuous and, therefore, the same is closed. Sd/- (T.R. Ramachandran Nair, Judge.) ms O.P No.25686/2001 -:3:- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.25686/2001-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 8 th day of June, 2011