IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 8991 of 2007(U) ------------------------------------------ PETITIONER(S): -------------------------- BIJU M.S., S/O.MADHAVAN, M.S.COTTAGE, POTHENCODE P.O, THIRUVANANTHAPURAM-695 584. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED FAZIL M.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8991/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION PUBLISHED IN THE OFFICIAL GAZETTE AS CATEGORY NO.99/2001. EXT.P2: COPY OF THE RANKED LIST HAVING NO.291/2005/SS IV OF THE P.S.C. EXT.P3: COPY OF THE G.O.RT.NO.458/87/H.EDN. DTD. 21/02/1987 OF THE SECRETARY, HIGHER EDUCATION. EXT.P4: COPY OF THE COUNTER AFFIDAVIT FILED BY THE STATE IN WP(C) 3850/2006. EXT.P5: COPY OF THE COUNTER AFFIDAVIT FILED BY THE CHIEF SECRETARY IN CC © NO.1434/2006. EXT.P6: COPY OF THE PROCEEDINGS OF THE KERALA LEGISLATIVE ASSEMBLY DTD. 04/10/2006. EXT.P7: COPY OF THE NOTIFICATION OF THE 3RD RESPONDENT PUBLISHED IN THE P.S.C.BULLETIN DTD. 15/09/2006 AS CATEGORY NO.70/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.8991 of 2007 ------------------------------- Dated this the 10th November, 2008. J U D G M E N T The petitioner who possess Diploma in Printing Technology from the Institute of Printing Technology, Shornur, has filed this writ petition challenging Ext.P7 notification issued by the Kerala Public Service Commission for appointment to the post of Printer Grade-II in the Department of Printing. The petitioner contends, relying on the averments in Ext.P5 counter affidavit sworn to by the Chief Secretary of the State in a Contempt of Court of Case, that appointments to the post of Printer Grade-II will only result in unnecessary financial burden on the State Government and that the Government is not using the obsolete technology of letter press printing. The petitioner contends that such being the situation, the notification is liable to be struck down. 2. The learned Standing Counsel appearing for the Kerala Public Service Commission submits that pursuant to Ext.P7 W.P.(C) No.8991 of 2007 2 notification, a ranked list was published and that the petitioner was included in Ext.P2 ranked list published on 17.10.2005, which ceased to be in force on 16.10.2008. The petitioner's grievance is that when Ext.P2 ranked list is in force, there was no reason to issue a fresh notification inviting applications for the same post. The petitioner has however not chosen to implead any of the persons who applied pursuant to Ext.P7 notification as a party to this writ petition. If Ext.P7 is quashed, it will affect a large number of persons, who are not on the party array. Such being the situation, no relief can be granted to the petitioner. The Writ Petition accordingly fails and is dismissed. P.N.RAVINDRAN, JUDGE nj.