IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 4671 of 2007(F) ------------------------- PETITIONER ------------- GEETHA KUMARI.C., VILAYIL VEEDU, PAZHAYAKUNNUMMEL, KILIMANOOR P.O., THIRUVANANTHAPURAM-695 601. BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1-3 BY GOVERNMENT PLEADER SRI.KOCHUMOL KODUVATH R4, R5 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2011, ALONG WITH WPC NO. 4998 OF 2007 & WPC NO. 12305 OF 2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 4671 of 2007(F) --------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS ---------------------------- EXT.P1. COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST NO.145/97 FOR THE POST OF LP/UP SCHOOL ASSISTANT (MALAYALAM). EXT.P2. COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. 1754/2000 ALONG WITH O.P. NO.17639/2000. EXT.P3. COPY F THE G.O. (RT) NO.168/2002/G.EDN. EXT.P4. COPY OF THE JUDGMENT IN WPC NO.18626/2003 DATED 25.8.2004 OF THIS HON'BLE COURT. EXTP5. COPY OF THE JUDGMENT DATED 5.102005 IN W.A. NO.230/2005 OF THIS HON'BLE COURT. EXTP6. COPY OF THE APPOINTMENT ORDER NO.A4/8906/97 DATED 16.2.2006 OF THE DEPUTY DIRECTOR OF EDUCATION RESPONDENT'S EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK S.SIRI JAGAN, J. ================== W.P.(C).Nos.4671/2007, 4998/2007 & 12305/2009 ================== Dated this the 19th day of November, 2011 J U D G M E N T The petitioners in these writ petitions were included in Ext.P1 ranked list prepared by the Kerala Public Service Commission for appointment to the post of UPSA/LPSA in Thiruvananthapuram district. The list expired on 4.6.2000. Some other persons included in the list approached this Court filing writ petitions seeking reporting of vacancies for advice from the said list. A learned Single Judge of this Court, by Ext.P4 judgment dated 25.8.2004 in W.P.(C).No.4761/2007, disposed of the writ petition declaring that 175 vacancies reported to the Commission for appointment were vacancies, which arose prior to the expiry of the list and those vacancies shall be filled up from out of Ext.P1 ranked list. The matter was taken up in appeal by the State before the Division Bench. The Division Bench directed that only the 18 petitioners, who approached this Court, need be given advice and appointment as far as possible, without vacating the findings of the learned Single Judge. It is under the said circumstances, the petitioners, who were not parties to those judgments, have filed these writ petitions seeking appointment to those vacancies found to have been reported prior to the expiry of the rank list. I am of opinion that insofar as Ext.P5 judgment in W.A.No.2060/2004 and connected cases w.p.c.4671/07 etc. - : 2 :- of the Division Bench governs the field, I cannot pass any direction contrary to the same. Therefore, the remedy of the petitioners in these writ petitions lies in approaching the Division Bench for review of the direction in Ext.P5, if at this point of time, they can do so. I say so noting the fact that Ext.P5 judgment was passed as early as on 5.10.2005. In the above circumstances, these writ petitions are dismissed. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge