IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 28807 of 2008(D) ----------------------------------------- PETITIONER(S): -------------------------- 1. CHITHRA RAJ. N., AGED 30 YEARS, D/O.NAGARAJA PILLAI, RESIDING AT PUTHENVEEDU, Y.M.C.A.LANE, CHITTOOR ROAD, KOCHI-35. 2. ASHA P.V.,AGED 27 YEARS, D/O. P.C.VELAYUDHAN, RESIDING AT PUTHUMANAKUDIYIL HOUSE, PINDIMANA, KOTHAMANGALAM. 3. RENJU KALARIKKAL, AGED 26 YEARS, D/O.P.N.RAJU, TC. 14/1723,FOREST OFFICE LANE, VAZHUTHACAD, THIRUVANANTHAPURAM. 4. ISHAD MANIYARAYIL, AGED 27 YEARS S/O.MUHAMMED, RESIDING AT MANIYARAYIL HOUSE, VADAKKANKARA P.O.,MANKADA VIA, MALAPPURAM 679 324. 5. ANU BONIA FRANCIS, AGED 25 YEARS, D/O.FRANCIS, KIZHAKKEPARAMPIL, MATTUKATTA, AYYAPANKOVIL, MATTUKATTA, AYYAPANKOVIL P.O. IDUKKI 685 507. 6. BABURAJ.K.V., AGED 37 YEARS RESIDING AT PADMAVIHAR, MEPUTHULATHU PARAMPA, IMG THAZHAM, MAYANAD P.O., CALICUT-8. 7. PRINCE JOSEPH, AGED 25 YEARS, S/O. JOSEPH FRANCIS, RESIDING AT PULICKATTU HOUSE, MUTHOLY .P.O.,PALA. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.JOSEPH JOHNY Kss .2/- ...2..... WPC.NO.28807/2008 D RESPONDENT(S): --------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY TO THE GOVERNMENT, TECHNICAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 5. SAJI.M.G. PAMANPARA VEEDU, PARUTHIPALLI, THIRUVANANTHAPURAM 695 574. ADV. SRI. ALEXANDER THOMAS, SC, PSC FOR R1 ADV. SRI.N.R.SURESH KUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28807/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DTD. 17/07/2006 PUBLISHED IN KERALA PUBLIC SERVICE COMMISSION UNDER CATEGORY NO.51/2006. EXT.P2: COPY OF RANKED LIST PUBLISHED BY THE KPSC UNDER CATEGORY NO.51/2006. EXT.P3: COPY OF THE NOTIFICATION DTD. 12/11/2007 PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION UNDER CATEGORY NO.396/2007. EXT.P4: COPY OF APPLICATION SUBMITTED TO PUBLIC INFORMATION OFFICER IN THE OFFICE OF DIRECTOR OF TECHNICAL EDUCATION DTD. 09/07/2008. EXT.P5: COPY OF THE REPLY GIVEN BY THE OFFICE OF DIRECTOR OF TECHNICAL EDUCATION DTD. 29/07/2008. EXT.P6: COPY OF LETTER NO.116/2008-09 DTD. 29/07/2008 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE DIRECTORATE OF THE TECHNICAL EDUCATION. EXT.P7: COPY OF THE ADVISE MEMO DTD. 22/07/2008 ISSUED TO THE 5TH RESPONDENT. EXT.P8: COPY OF PROCEEDINGS OF THE DIRECTORATE OF TECHNICAL EDUCATION NO.ECI/46165/95/DTE DTD. 1/09/2008. EXT.P9: COPY OF THE REPRESENTATION DTD. 12/08/2008 SUBMITTED BY THE 3RD PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE SECRETARY OF KERALA PUBLIC SERVICE COMMISSION. EXT.P11: COPY OF THE APPLICATION DTD. 18/09/2008 SUBMITTED BY THE PETITIONER TO THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE ANSWERS GIVEN BY THE STATE PUBLIC INFORMATION OFFICER NO.(INFORMATION/241/2008-09 DTD. 3/10/2008). EXT.P13: COPY OF THE NOTIFICATION NO.328/2008 DTD.27/09/2008. EXT.P14: COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT IN PUBLIC SERVICE COMMISSION BULLETIN DTD. 15/11/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ Kss P.A.TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 28807 OF 2008 (D) ==================== Dated this the 15th day of December, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P3 by which the post of Lecturer in Computer Engineering (Polytechnics) was notified by the PSC. The challenge was on the ground that the same was issued during the currency of Ext.P2 list. Petitioner has now produced Ext.P14, a notification issued by the PSC in its bulletin dated 15/11/2008 cancelling Ext.P3 notification. 2. It is stated that going by Ext.P5, the answer to a querry under the Right to Information Act, there are 45 vacancies and that the same should be filled up from among candidates who are included in Ext.P2 ranked list. 3. Now that Ext.P3 has been cancelled by Ext.P14, petitioner is justified in the prayer to report the available vacancies which are required to be filled up. However, it is essentially for the 2nd respondent to consider and take a decision as to how many vacancies are available and if so how many are to be reported for filling up. 4. Therefore, the writ petition is disposed of directing that the 2nd respondent shall, consider if vacancies in the category of Lecturer in WPC 28807/08 :2 : Computer Engineering (Polytechnics) are available to be reported to the PSC, and if so, shall report such of those vacancies to the 1st respondent, for advising candidates from out of their rank list now in force. Petitioner shall produce a copy of this judgment before the 2nd respondent for further action as directed above. 5. It is directed that on the production of a copy of this judgment, the exercise of reporting of the vacancy shall be done and report shall be done within 6 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp