IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 31450 of 2007(R) ----------------------------------------- PETITIONER: --------------------- SUBHASH V.K. S/O. PADMINI V.K. THEKKUMBAD, P.O. ELAMBACHI, KASARGOD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 4. COMMANDANT KAP IV BATTALIAN MANGATTUPARAMBA, KANNUR DIST. 5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM. 6. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR BY SRI. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.31450/2007 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMISSION TICKET ISSUED BY THE PSC TO THE PETITIONER. EXT.P2: COPY OF THE ADMISSION TICKET FOR PHYSICAL EFFICIENCY TEST ISSUED TO THE PETITIONER. EXT.P3: COPY OF THEMEMO DTD. 19/02/2007. EXT.P4: COPY OF THE RANKED LIST FOR THE POST OF POLICE CONSTABLE KAP IV BATTALION PUBLISHED BY THE PSC. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 31450 of 2007 -------------------------- Dated this the 11th January, 2008 J U D G M E N T Petitioner is included in the rank list of Police Constable in KAP IV Battalion. The list is to be enforced till 17.4.2008. The grievance of the petitioner was that the available vacancies have not been reported to the Public Service Commission for enforcement of the rank list. In the statement filed by the 4th respondent, it is stated that though there are 87 NJD vacancies as on 30.11.2007, there are 217 Recruit Police Constables in excess of the strength. It is further stated that sanctioned strength of the Police Battalion is 646. The present strength of the Active Police Personnel is 403 and the strength of the Recruit Police Constables undergoing training is 440. Twelve other candidates have been given extension of time for reporting for training and 8 others are to be appointed if they are ultimately found not guilty in the criminal cases pending against them. It is stated that therefore there is excess deployment of 217 persons. On this premise, he contends that W.P ( C) No. 31450 of 2007 2 respondents are not desirous of filling up the NJD vacancies as such. 2. I have heard the learned counsel for the petitioner Sri. Kaleeswaram Raj and the Senior Government Pleader Sri. Nanda Kumar. Learned counsel for the petitioner submits that power of the Government to hold in abeyance the filling up of the vacancies including the filling up of non-NJD vacancies cannot be doubted as such. But, nevertheless, taking note of the fact that vacancies have arisen during the currency of the rank list there would be a legitimate expectation on the the part of persons included in the rank list to be considered for advice to that post. 3. In my view, it is up to the Government to take a decision whether the vacancies which are currently available during the currency of the rank list are eligible to be reported to the Public Service Commission. Obviously, in the circumstances of the case Government should take a decision in this regard well before the expiry of the rank list on 17.4.2008. W.P ( C) No. 31450 of 2007 3 In the circumstances, this writ petition is disposed of directing the 1st respondent to take a decision on the question as to whether 87 NJD vacancies referred to in the statement filed by the 4th respondent should be reported to the Public Service Commission, in the light of the stand taken by the 4th respondent that there is excess deployment of Police Constables in the KP Battalion. To enable the 1st respondent to take a decision in this regard, petitioner shall produce a copy of this judgment along with a representation before 15.2.2008. Decision may be taken on or before 15.3.2008. (V.GIRI, JUDGE) ma W.P ( C) No. 31450 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007