IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 30734 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. ABHINESH S.S., CHEDI ROAD, UPPILIKAI P.O., NILESWARAM, KASARAGOD DISTRICT. 2. RAKESH KUMAR K., KUNNATH HOUSE, MALAYAMMA P.O., KOZHIKODE. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, ECONOMICS & STATISTICS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA ECONOMICS & STATISTICS DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.30734 of 2009 -------------------------- Dated, this the 13th day of November, 2009 ------------------------------ J U D G M E N T Heard both sides. 2. The petitioners are candidates included in Ext.P1 ranked list published by the Public Service Commission for the post of Research Officer in Economics and Statistics Department. The case of the petitioners is that subsequent to the publication of the ranked list, Special Rules were amended on 20/02/2009. It is their grievance that vacancies available till 20/02/2009, which ought to be filled up applying the unamended Special Rules, are not reported or filled up from Ext.P1 ranked list. 3. Admittedly, amendment to the Special Rules altering the ratio from 1:1 to 2:1 between direct recruits and promotees was only with effect from 20/02/2009. If so, the vacancies, if any, existing till that date ought to be filled up from the ranked list applying the unamended Special Rules. Therefore, it is for the 2nd respondent to ascertain the availability of vacancies, if any, till WP(C) No.30734/2009 -2- 20/02/2009, and if so, report the same to the 3rd respondent for advising candidates from Ext.P1 ranked list. The petitioners shall produce a copy of this judgment before the 2nd respondent, who shall ascertain the availability of vacancies and those are to be filled up, report the same to the 3rd respondent for advising candidates from Ext.P1 ranked list. This shall be done without any delay in the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg