IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WA.No. 2428 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.27798/2006 DATED 29/09/2008. .................... APPELLANT/2ND PETITIONER: -------------------------------------------- SUNIL KUMAR.J, S/O.JANARDHANAN, KOVIL HOUSE, KARIPARA, KUZHIMATHIKODU P.O., KOLLAM. BY ADV. MR.S.RAMESH BABU. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PWD (ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. R. BINDU, R4 BY MR. ALEXANDER THOMAS, S.C. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No. 2428 OF 2008 ------------------------------ Dated this, the 19th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is the 2nd petitioner in the Writ Petition. The respondents were the respondents in the Writ Petition. 2. The brief facts of the case are following: The PSC published Ext.P1 rank list for appointment to the post of last grade servants in various departments in Kollam District on 1.11.2003. The rank list expired on 31.10.2006. On the eve of the expiry of the rank list, the Writ Petition was filed, wherein there was an interim direction to the Chief Engineer, PWD, to report 17 vacancies and the Deputy Director of Education, Kollam, to report 11 vacancies in the department of Higher Secondary Education. Pursuant to the said direction, the Chief Engineer, PWD reported 17 vacancies. Later, the said respondents have filed a statement/counter affidavit pointing out that no vacancies were available as on 31.10.2006 for being filled up from the rank list. Taking note of the said submission W.A. No.2428/2008 - 2 - and also the fact that the list has already expired, the Writ Petition was dismissed on 29.9.2008. Hence, this appeal. 3. In this case, we notice that the Deputy Director of Education, Kollam, is not competent to report any vacancy in the department of the Higher Secondary Education. Only the appointing authority of that department can validly report vacancies. Therefore, the 3rd respondent, Deputy Director of Education, did not report any vacancy to the PSC. Though the 2nd respondent, Chief Engineer, PWD, reported 17 vacancies, the learned standing counsel for the PSC submitted that the requisition was received in the PSC office only on 1.11.2006, after the expiry of the rank list. In view of the above position, we find no reason to interfere with the judgment under appeal. Accordingly, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps