IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 12093 of 2010(J) -------------------------- PETITIONER(S): --------------- JAYAN.P.K., AISHWARYA NIVAS, NEAR THALIYIL TEMPLE, P.O.MUNDALLUR, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR. 4. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, PALACE P.O., THIRUVANANTHAPURAM. 5. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, CIVIL STATION, KANNUR. 6. M.C. RASHEED, MOTOR MECHANIC, STATIC WORKSHOP, NEAR DISTRICT HOSPITAL, KANNUR – 670001. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4,5 SMT.K.V.BHADRA KUMARI FOR R-5 GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, A/W. W.P.C.NO. 23368/1020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 12093 & 23368 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of January, 2011. J U D G M E N T The petitioners in these two writ petitions claim to be persons included in the rank list prepared by the Public Service Commission for appointment to the post of Motor Mechanic in the Department of Health Services. As per Ext. P1 notification, 2 vacancies were notified by the Public Service Commission. Rank no.1 has already been advised to the first vacancy. The petitioners claim to be entitled to be advised against the 2nd vacancy. The claim of the petitioner in W.P(C) No. 23368/2010 is on the basis that he is the 2nd rank holder in the rank list. The claim of the petitioner in W.P(C) No. 12093/2010 is on the basis that the petitioner is the first Thiyya in the rank list and as per the rules of rotation, against the 2nd vacancy, a Thiyya should be advised. But, the Department has chosen to fill up the 2nd vacancy by inter-district transfer. The petitioners are challenging the said action of the Department. 2. I need not go into the contentions on merits on that question, insofar as the learned Government Pleader now submits that the impugned inter-district transfer has been cancelled and the 2nd vacancy is also now available for advice by the Public Service Commission. In the above circumstances, these writ petitions are disposed of directing the Public Service Commission to advice a candidate to the 2nd vacancy in accordance with law and directing the W.P(C) Nos. 12093 & 23368/10 -: 2 :- respondents 1 to 3 to make appointments pursuant to such advice. The advice shall be made within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/