IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 6960 of 2011(T) -------------------------------- PETITIONER(S): --------------- 1. NOUSHAD.O., AGED 30 YEARS, S/O.IBRAHIM, LOWER DIVISION CLERK/WARDEN PRE-METRIC HOSTEL, ANAPPARA, (CHETHALAYAM) RESIDING AT: OLATTU HOUSE, MANDAD P.O., WYNAD DISTRICT. 2. SHYJU.C., AGED 33 YEARS, S/O.E.KUNHIRAMAN, LOWER DIVISON CLERK/WARDEN, PRE-METRIC HOSTEL, PULPALLY, RESIDING AT: CHERACHEL HOUSE, KODALLUR, NANICHERI P.O., PARASSINIKKADAVU, KANNUR DISTRICT. 3. ANIL KUMAR.M.G., AGED 34 YEARS, S/O.M.GOVINDAN, LOWER DIVISION CLERK/WARDEN PRE-METRIC HOSTEL FOR BOYS, MEPPADI WYNAD DISTRICT, RESIDING AT: REVATHY HOUSE, MUNDERI, KALPETTA P.O., WYNAD DISTRICT. 4. SHEEJA.P.J., AGED 32 YEARS, W/O.BIJU.K.J LOWER DIVISION CLERK/WARDEN, PRE-METRIC HOSTEL FOR GIRLS, PANAMARAM, WYNAD DISTRICT, RESIDING AT: KULANGASRA HOUSE, KENICHIRA P.O. WYNAD DISTRICT, PIN-673 596. BY ADV. SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ SMT.KALA T.GOPI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, WYNAD-673 122. 3. THE ADMINISTRATIVE OFFICER, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM-695 001. ADVS. MR. P.C. SASIDHARAN - SC MR. ANTONY MUKKATH - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.6960 OF 2011 --------------------------------------- Dated this the 7th day of March, 2011 JUDGMENT The petitioners challenge Exts.P4 and P5 orders, whereby after including the petitioners in a rank list prepared by the Public Service Commission for the post of Lower Division Clerk in various departments, the petitioners have been given appointment as Warden in the Pre-Metric Hostels under the Scheduled Tribe Development Department of the Government of Kerala. The petitioners' contention is that after having recruited for the post of Lower Division Clerks, the respondents cannot appoint the petitioners in the post of Warden. The petitioners rely on Exts.P1 to P3 judgments of this Court in similar situations. 2. The learned Standing Counsel for the Public Service Commission submits that this Court has already held that the post of Warden is borne in the cadre of Lower Division Clerk. He also points out that the petitioners are challenging Exts.P4 and P5 orders, which are dated 1.4.2009 and 30.5.2008 respectively. W.P.(C)No.6960/11 2 According to him, having accepted the appointment without any objections, the petitioners cannot now challenge the same at this distance of time, on the ground that subsequently this Court has passed judgments in other cases in favour of similarly placed persons. 3. I have considered the rival contentions in detail. As rightly pointed out by the learned Standing Counsel for the PSC, the petitioners have not chosen to object to Exts.P4 and P5, when the same were received by them. The petitioners accepted the appointment without any objection. They cannot now challenge the same at this point of time. Therefore I am not inclined to exercise my discretionary jurisdiction in favour of the petitioners. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.6960/11 3 W.P.(C)No.6960/11 4