IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 21971 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. B.MURALEEDHARAN, KOLA BHAGATHU HOUSE, MANNAMCHERI P.O., ALAPPUZHA DISTRICT. 2. RAJESH MURALEEDHARAN, KUZHIKANDATHIL HOUSE, THIRUMARAYOOR P.O., ARAKKUNNAM (VIA), ERNAKULAM DISTRICT, PIN.682 313. 3. BIJU.D., KIZHAKKE PURACKKAL HOUSE, VALAVOOR P.O., PALA, KOTTAYAM DISTRICT. 4. R.RADHAKRISHNAN, KOCHU PUTHUSSERY HOUSE, THEKKE NADA, VAIKOM P.O., KOTTAYAM DISTRICT,PIN-686 142. 5. UNNIKRISHNAN.C., UNNI NIVAS, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT. 6. UNNIKRISHNAN.A.G., AMBILI BHAVAN, PERUMBALAM P.O., ALAPPUZHA DISTRICT. 7. BIJUMON.R., BIJU BHAVANAM, PARAYILNIKARTHA HOUSE, THAIKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 528. 8. KRISHNAKUMAR.K., KRISHNA BHAVAN, KODUPPUNNA P.O., RAMANKARY, ALAPPUZHA DISTRICT, PIN-689 595. 9. T.K.SANTHOSH, THUNDIYIL HOUSE, RAMANKARY P.O., ALAPPUZHA DISTRICT,PIN-689 595. 10. VINODH KUMAR.M., MANIMALAYIL HOUSE, EDANAD P.O., PALA, KOTTAYAM DISTRICT. 11. AJAYAN.K.V., KANNETH MARATH HOUSE, KAVIL NADA, KOONAMMAVU P.O., NORTH PARUR, ERNAKULAM DISTRICT, PIN-683 518. 12. PRADEEP KUMAR.K.S., KALLAMBILLIL HOUSE, PALAYKKATTU MALA P.O., MARANGATTUPALLY, KOTTAYAM DISTRICT. WPC NO.21971/2009 13. RAMACHANDRAN.M.V., PADIKKA MADOM, KIZHAKKE NADA, VAIKOM, KOTTAYAM DISTRICT. 14. GIREESH VIJAYAN.T., THRILAYATHU MARATH HOUSE, NORTH PARUR P.O., THONNIYAKAVU, ERNAKULAM DISTRICT. 15. VIPIN CHANDRAN, LAKSHMI NIVAS, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT. 16. RATHEESH KUMAR, ARAKKATTU HOUSE, MANNATHOOR P.O., PAMPAKUDA, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 17. PRAVEEN.P., VIJAYA SADANAM, THOTTUVATHALA, NEDUMUDI P.O., ALAPPUZHA DISTRICT. 18. RAJEESH MADHU, CHITTETHU HOUSE, MUTHOLAPURAM P.O., ELANJI, ERNAKULAM DISTRICT. 19. SURESH.R., THENAYATH MARATH HOUSE, EDAPPALLY P.O., COCHIN - 24, ERNAKULAM DISTRICT. 20. RAJESH KUMAR.P.K., POTTAM PLACKKAL HOUSE, POONJAR P.O., PANACHIPPARA, KOTTAYAM DISTRICT. 21. SANTHOSH KUMAR.V., KUTHIRAVIZHAYIL HOUSE, CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 22. C.PRAKASAN, KADAMPANEJERIYIL HOUSE, KOKOTHAMANGALAM P.O., CHERTHALA, ALAPPUZHA DISTRICT. 23. RAKESH.M., MENAMPURACKAL HOUSE, KUMARANELLUR POST, KOTTAYAM DISTRICT. 24. VISWANATHAN.P., VARYA HOUSE, SIVAKRIPA, TC 64/2186, THIRUVALLOM P.O., THIRUVANANTHAPURAM DISTRICT. 25. VENUGOPAL.P.G., PEEDIKAPARAMBIL HOUSE, THURUTHI P.O., CHANGANACHERY, KOTAYAM DISTRICT. 26. SREEJITH.K., METHALLOOR HOUSE, MARANGATTUPALLY P.O., ANDOOR, KOTTAYAM DISTRICT, PIN-686 635. 27. SREENATH.P., KEETTAPURAM HOUSE, THAKAZHI P.O., ALAPPUZHA DISTRICT. WPC NO.21971/2009 28. UNNIKRISHNAN.P., CHITTETTU HOUSE, THODUPUZHA P.O., IDUKKI DISTRICT. 29. P.R.MANOJ KUMAR, PALAPPALLIL HOUSE, AVOLY P.O., ANIKKADU, ERNAKULAM DISTRICT. 30. KRISHNAKUMAR.K., PIZHARATHU MADOM, KANNAMKULANGARA, NORTH PARUR, ERNAKULAM DISTRICT-683 513. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 4. THE CULTURAL DIRECTOR, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1-4 SRI.P.GOPAL FOR R1-4 SRI.V.KRISHNA MENON FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21971/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LIST SHOWING THE TEMPLES AND NUMBER OF POSTS VACANT IN THE VARIOUS DEVASWOM UNDER THE BOARD'S SERVICE. P2 : COPY OF APPLICATION FILED BY THE 11TH PETITIONER BEFORE THE PRO, TDB DATED 20/07/2009. P3 : COPY OF PUBLIC NOTIFICATION PUBLISHED IN the MATHRUBHOOMI DAILY DATED 16/05/2008. P4 : COPY OF NEWS PAPER REPORT IN MATHRUBHOOMI DAILY DATED 24/09/2007. P5 : COPY OF ORDER NO.ROC NO.6171/07/CA DATED 25/04/2008 SUBMITTED BY THE RESPONDENT BOARD. P6 : COPY OF PETITIONER'S RANK LIST DATED NIL. P7 : COPY OF REPLY DATED 16/09/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21971 of 2009 --------------------------------- Dated, this the 25th day of November, 2009 J U D G M E N T Grievance of the petitioners is that though by Ext.P3, the 1st respondent Board had invited applications for various posts including Panchavadyam, appointments are not made from the ranked list, that was prepared in pursuance to the selection process that was followed. It is stated that the petitioners are included in the ranked list, and therefore, they are entitled to be appointed. 2. On the other hand, the case of the respondent Board is that in WP(C) Nos.195602008 & 17563/2008, now pending before the Division Bench of this Court, selection pursuant to Ext.P3 notification, in so far as Takil and Nadaswaram are under challenge against confining eligibility to the candidates who are qualified from Kshetra Kala Peethom. It is stated that in view of the pendency of those writ petitions and the interim orders that have been passed, the Board has decided not to fill up the posts from the ranked list in question. WP(C) No.21971/2009 -2- 3. Admittedly, the writ petitions mentioned above are not concerning the post of Panchavadyam. Admittedly, there are vacancies and there is a ranked list. It is also a fact that the petitioners are included in the ranked list. In such circumstances, in my view, there is absolutely no justification on the part of the respondent Board in not making appointments of candidates included in the ranked list. Therefore, this writ petition is disposed of directing that the respondent Board shall make appointment to the post of Panchavadyam notified by Ext.P3 from the ranked list, that was prepared. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg