IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 9807 of 2010(A) ------------------------- PETITIONER(S): --------------- 1. SINIMOLE Y., W/O. SHAJI, SUNIL BHAVAN, KOMALAM KUNNU, PUNALOOR P.O., PATHANAMTHITTA DISTRICT-691 305. 2. RAJESHWARY G., W/O. BASANTH D., POKKATTUPUTHENVEEDU, PAZHAKULAM P.O., ADOOR, PATHANAMTHITTA DISTRICT - 691 527. 3. AJILI V., W/O. SUDEESH KUMAR, KOTTAMURUPPEL HOUSE, THANNITHODU P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHN JOSEPH SRI.TITUS MANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA DISTRICT, THIRUVALLA. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1 & R3 BY S.C.SRI.ALEXANDER THOMAS FOR R2 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9807 of 2010(A) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: A TRUE PHOTOCOPY OF THE RANKED LIST FOR THE POST OF U.P.SCHOOL ASSISTANT IN PATHANAMTHITTA DISTRICT. EXT.P2: A TRUE COPY OF G.O.(P)NO.10/10/GEN. EDN.(J) DEPARTMENT DATED 12TH JANUARY, 2010. EXT.P3: A TRUE PHOTOCOPY OF MEMORANDUM OF ANSWERS SUPPLIED BY THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE DEPUTY DIRECTOR, GENERAL EDUCATION IN PATHANAMTHITTA DISTRICT. // TRUE COPY // TKS C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.9807 of 2010 ---------------------------- Dated 18th August, 2010 JUDGMENT The petitioners are rank holders in Ext.P1 list published by the Kerala Public Service Commission for appointment to the post of Upper Primary School Assistant (Malayalam Medium) in Pathanamthitta District. When this matter was taken up today, the learned counsel appearing for the petitioners submitted that prior to the issuance of the interim order dated 20.4.2010 in this writ petition the third respondent reported certain vacancies in the category of U.P. School Assistant (Malayalam Medium) to the fourth respondent. It is further submitted that subsequently the fourth respondent has advised the petitioners for appointment. The respondents have filed a counter affidavit in this writ petition and also a separate application for vacating the interim order dated 20.4.2010. It is specifically stated in the counter affidavit that 10 vacancies were reported on 16.4.2010. Evidently, the said reporting of vacancies was prior to the issuance of the interim order by this Court. However, taking note of the interim order those vacancies which were already reported to the fourth respondent have been wrongly reported, once again. In fact, the ten vacancies reported pursuant to the interim order dated 20.4.2010 are not in existence and all the vacancies viz. 10 WP(C).No.9807/2010 2 vacancies existed in the aforesaid category were already reported on 16.4.2010 prior to the passing of the interim order dated 20.4.2010 and, in fact, against those vacancies that the petitioners have now been advised. In the aforesaid circumstances, this writ petition is disposed of as hereunder: If the petitioners have already been advised against the 10 vacancies reported on 16.4.2010, respondents 1 and 3 shall take appropriate steps to issue orders of appointment pursuant to the advice already issued in favour of the petitioners. However, the petitioners also did not dispute the facts specifically stated by the respondents in their affidavit especially with respect to the aspect of wrong reporting of the vacancies after the issuance of the interim order and also the contention regarding the non-availability of substantive vacancies other than the 10 vacancies reported on 16.4.2010. In the circumstances, it is made clear that no advice and appointments shall be made against the vacancies reported in pursuant to the interim order dated 20.4.2010. C.T.RAVIKUMAR Judge TKS