IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 27886 of 2006(T) -------------------------------------- PETITIONER(S): ---------------------- DR.R.SREEKUMAR, FLAT NO.615, BLOCK-4, E.M.S.NAGAR, PATTOOR, THIRUVANANTHAPURAM. BY ADV. MR.G.SASIDHARAN CHEMPAZHANTHIYIL MR.S.VISHNU RESPONDENT(S): ------------------------ 1. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM-11. 2. THE SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. R1 & R2 BY GOVERNMENT PLEADER MR.DILIP MOHAN. R3 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27886/2006-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMISSION TICKET ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE INTERVIEW MEMO. EXT.P3: COPY OF THE RANK LIST TO THE POST OF LECTURER IN ANATOMY. EXT.P4: COPY OF THE COMMUNICATION NO.G1/182/2007/DME DATED 09/01/2007 ISSUED BY THE JOINT DIRECTOR (M), PUBLIC INFORMATION OFFICER, MEDICAL COLLEGE, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27886 of 2006-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2009. JUDGMENT The petitioner is a candidate included in the rank list published by the Public Service Commission for appointment to the post of Lecturer in Anatomy in Medical Education Department. He is serial No.37. The writ petition is filed mainly for a direction to report the existing vacancies, viz. 22 in number. This Court passed an interim order on 25.10.2006 directing the respondents to report 22 vacancies with a further rider that candidates will not be advised against the vacancies until further orders. 2. Even going by the counter affidavit filed by the first respondent, there is no dispute regarding the existence of these vacancies. Going by para 8 of the counter affidavit, 12 Medical Candidates were appointed as per order dated 20.4.2007 and only three persons joined duty and nine N.J.D. vacancies were remaining. The petitioner has produced Ext.P4 reply sent by the Joint Director of the Office of the Public Information Officer, Medical Education Department dated 9.1.2007 which shows that under the Medical Education Department, in Anatomy 42 vacancies were reported prior to 29.10.2006. In the Anatomy Department, as on 29.10.2006 in wpc 27886/2006 2 respect of 12 vacancies, the Public Service Commission has advised the candidates and the remaining vacancies were kept pending for want of further directions from this Court in the matter. 3. Heard learned counsel for the petitioner, learned Standing Counsel for the Public Service Commission and the learned Govt. Pleader. 4. Learned Govt. Pleader submitted that going by letter dated 21,2,2007, out of the 18 vacancies, three vacancies are earmarked for non- medical candidates in compliance of the order of this Court in W.P.(C) No.23491/2005 dated 15.1.2007. Therefore, it is evident that three more vacancies are due to the medical category. 5. The writ petition is therefore disposed of directing the Public Service Commission to advise candidates in respect of the three vacancies out of the 22 vacancies directed to be reported in the interim order dated 25.9.2006. The same shall be done expeditiously. In terms of the advice, the candidates will be appointed without delay. No costs. (T.R. Ramachandran Nair, Judge.) kav/