IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WA.No. 1860 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32939/2005 Dated 27/04/2007 .................... APPELLANT(S): 1ST RESPONDENT: --------------------------------------------------------- THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENT(S): PETITIONER & 2ND RESPONDENT: --------------------------------------------------------------------------------- 1. MANU M., S/O. G.MADHAVAN PILLAI, AGED 28 YEARS, GUEST VOCATIONAL TEACHER (PRINTING TECHNOLOGY), GOVERNMENT V.H.S.S., MUTTARA, KOTTARAKKARA, RESIDING AT THANNOLIL HOUSE, KOOTTIKADA P.O., KOLLAM. 2. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. *ADDL.R3 IS IMPLEADED: R3. K.C.MANOJ, KAKKATHARA HOUSE, KUDAVECHOOR P.O., VAIKOM. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD.23/10/2008 IN I.A.N0.520/2008) ADV. SRI.C.UNNIKRISHNAN (KOLLAM) FOR R.1 GOVERNMENT PLEADER SRI. K.SANDESH RAJA FOR R2 SRI.KRB.KAIMAL (SR.) FOR ADDL.R3 SRI.B.UNNIKRISHNA KAIMAL FOR ADDL.R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- W.A. No.1860 of 2007 --------------------------------------- Dated this the 23rd day of October, 2008 Judgment Koshy,J. A Division Bench of this court on 18.12.2007 passed an interim order stating that since other candidates were not made parties, first respondent should be placed below the two persons who were already included in the rank list. Later, it was submitted, on the basis of the judgment of another Division Bench, that 17 persons were already included. Therefore, we have stated that he should be placed after 19 persons subject to final result of the writ appeal. They have already filed a statement indicating the merit. 2. Now, actual position in the rank list depending upon the merit shall be decided by the Public Service Commission and the vacancies reported during the currency of the rank list shall be filled up according to law. We make it clear that already advised candidates shall not be affected by this judgment. Additional vacancies, if any, W.A.No.1860/2007 2 arising during the currency of the rank list shall be reported to the PSC immediately. J.B.Koshy Judge K.P.Balachandran Judge vaa W.A.No.1860/2007 3 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- W.A. No.1860/2007 ------------------------------------- Judgment Date:23rd October,2008