IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 RP.No. 395 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.1398/2008 .................... REVIEW PETITIONER(S): PETITIONER.R.P/R-9 & 10 IN WA --------------------------------------------------- 1. THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,KASARAGOD. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRETARY,KERALA PUBLIC COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENT(S): RESPONDENTS IN RP/APPELLANT & RESPS.1-8 IN WA ------------------------------------------------------------ 1. LATHA.V,W/O.P.K.KARUNAKARAN, PANAYAMTHATTA HOUSE, KOTTAMALA.PO,NEELESHWAR, KASARAGOD DISTRICT. 2. BHARGAVI.K,AGED 31 YRS,W/O.ASHOKAN, KOTTUMOOLA,KAYYUR VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT. 3. SAVITHRI.V,AGED 38 YRS,W/O.THAMBAN, PILANTHOLI,CHEMENI VILLAGE, HOSDURG TALUK, KASARAGOD. 4. SUSHEELA MOTTAMMAL,AGED 35 YRS, D/O.GOVINDAN,PERUMTHADAM,CHERUPUZHA VILLAGE, THALIPARAMBA TALUK,KANNUR DISTRICT. 5. RATHI KARIMBIL, AGED 37 YEARS, W/O.VENU, MADHURAKKAD PULLUR VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. 6. REETHA PALANGATTUVALAPPIL, AGED 35 YRS, W/O.GOPI,EZHOM,EZHOM VILLAGE,KANNUR DISTRICT. 7. DISTRICT MEDICAL OFFICER(HEALTH), KASARAGOD AT KANHANGAD,KASARAGOD DISTRICT. 8. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 9. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE,SECRETARIAT,THIRUVANANTHAPURAM. ADV. SRI.KALEESWARAM RAJ FOR R1 GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R7 TO 9 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & THOMAS P. JOSEPH, JJ. ```````````````````````````````````````````````````` R.P. No. 395 of 2009 in W.A.No.1398 of 2008 ```````````````````````````````````````````````````` Dated this the 4th day of August, 2009 O R D E R Balakrishnan Nair, J. This court, on 26.6.2009, passed an order, which reflected our prima facie view regarding the review petition. We heard the matter further. Learned counsel for the respondents in the review petition pointed out that the grounds placed are not grounds sufficient to recall the judgment under review. Going by the materials on record, there is reason to suspect the genuineness of the alleged reporting of two vacancies by the District Medical Officer(Health), Kasaragod before the expiry of the rank list. The matter requires full fledged hearing. So, we are of the view that the judgment under appeal should be recalled and the writ appeal should be re-heard. It is ordered accordingly. Post the writ appeal before the regular Bench for disposal. Sd/- (K.BALAKRISHNAN NAIR, JUDGE) Sd/- (THOMAS P. JOSEPH, JUDGE) aks