IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WA.No. 919 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.36180/2010 Dated 05/01/2011 .................... APPELLANTS/PETITIONERS: -------------- 1. PHEBA.K.DAVID,W/O.P.V.JAMES, PAPPALIL HOUSE,PUTHOOR PO,THRISSUR DISTRICT. 2. MENCY FRANCIS,W/O.SEBATIAN, KIZHAKKOOTTU HOUSE,ALOOR, ERUMAPPETTY,THALAPPALLY TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.N.ASWATHY RESPONDENTS/RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY,GENERAL EDUCATION DEPARTMENT,GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 3. THE SECRETARY,KERALA PUBLIC SERVICE COMMISSION, PATTOM PO, THIRUVANANTHAPURAM-695 004. G.P. SRI.S.JAMAL FOR R1 & 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.919 of 2011 .................................................................... Dated this the 14th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. It is seen that impugned judgment is issued following another Division Bench judgment in W.A. No.164/2009. The finding in the W.P.(C) that is confirmed by Division Bench is that anticipatory vacancies cannot be filled up with persons from the rank list prepared prior to that. Though counsel contended that the issue is not covered by Division Bench judgment, we do not think we can entertain the appeal on this ground and it is up to the appellant to move for review of the judgment, if the Single Judge committed a mistake. Writ Appeal is dismissed with the above observation. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms