IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 RP.No. 413 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.282/2008 Dated 15/10/2008 .................... REVIEW PETITIONER(S): APPELLANTS 2 AND 3 ---------------------------------------- 1. BIJU.U, JEEJA BHAVAN,M NEENDAKARA.P.O, KOLLAM. 2. ASOK KUMAR.P, SUMATHY SADANAM, MEENADU, NEDUNJOLAM.P.O, KOLLAM. BY ADV. SRI.K.JAJU BABU SRI.BRIJESH MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. BENNY LALU.M.L, MUNAMPEL JOSE COTTAGE, KARALI JUNCTION.P.O, SASTHAMCOTTA - 690 543. 5. DHWIJESH, S/O. SAMBAN.P, KAZHUKANTHURUTH HOUSE, AZHEEKKAL.P.O, PRAYAR VIA, KOLLAM, PIN - 690 547. RP.No. 413 of 2009 6. K.S. SELVARAJ, KULAKANDATHIL, MANNAM.P.O, NORTH PARAVUR. 7. ASHOKA KUMAR, S/O. K. VASUDEVAN, ASHOKA BHAVANAM, S.R.P MARKET.P.O, THAZHAVA, KOLLAM, PIN - 690 539. 8. SUNIL.V.R, AMBATTUKUNNEL, KANNAMANGALAM, NADUVATTOM.P.O, KALADY. 9. LALUMON.C.V, CHERUVALLIPPADY HOUSE, ASAMANNOOR.P.O, NOOLELI, ERNAKULAM - 683 548. *ADDL.R10 IMPLEADED: *ADDL. R10. HONEY K.DAS, S/O.KAMALADASAN, 'LOVE DALE', T.V.PURAM P.O., VAIKOM, KOTTAYAM DISTRICT 686 606 *ADDL.R10 IS IMPLEADED AS PER ORDER IN I.A.No.251/2009 DATED 25-9-2009. ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR R4,6&8 SRI.P.DEEPAK FOR R4, 6 & 8 SRI.KALEESWARAM RAJ FOR ADDL.R10. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE FOR R5&7 SMT.K.RADHAMANI AMMA FOR R5&7 SRI.K.RAMACHANDRAN (THYKOODAM) FOR R5&7 SRI.ANIL PARATHARA FOR R5&7 SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25/09/2009, ALONG WITH RP NO.523 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- R.P.No.413/2009 in W.A.No.282/2008 & R.P.No.523/2009 in w.a.nO.302/2008 ----------------------------------------- Dated this the 25th day of September, 2009 O R D E R Kurian Joseph,J. Two of the appellants are the review petitioners. The issue pertains to appointment to the post of Sub Inspectors of Police in the General Executive Branch. 50% of the vacancies are to be filled up by way of direct recruitment. Of the 50% there is a ratio of 8:1:1, 8 from open market, one from the graduates in the ministerial wing and the other from the graduates among the Constables. In the absence of the graduates in the ministerial wing those vacancies are also to be filled up from the 3rd category. 2. Learned counsel for the review petitioners in both cases submit that the scope of the review may be limited to the claim for four vacancies available out of 39 vacancies. Those four vacancies have arisen on account of non-joining duty of the four advised candidates. Therefore, at the outset we make it clear that we are not dealing with the various other contentions taken R.P.No.413/2009 in W.A.No.282/2008 & R.P.No.523/2009 in w.a.nO.302/2008 -:2:- by the parties. All those contentions are left open particularly since we are told that there are other writ petitions touching on the issue of number of vacancies. 3. There is no dispute that of the 39 vacancies originally advised pursuant to the judgment of the Division Bench none belonging to the graduates of the ministerial wing or graduates of the constabulary was included. In view of the statutory entitlement for 10% for the graduates of the ministerial wing and 10% for the graduates of the constabulary their claims also should have been considered. But the learned Government Pleader submits that the 39 candidates were advised from the open market pursuant to the direction issued by the Division Bench. However, it is the contention of the other respondents that 39 is only 80% of the total vacancies available to the 50% in the general R.P.No.413/2009 in W.A.No.282/2008 & R.P.No.523/2009 in w.a.nO.302/2008 -:3:- executive branch. We do not think that the above contentions need be addressed at this stage in view of the submission made by the learned counsel for the review petitioners that they limit their claim only to the 4 available NJD vacancies out of the 39 already advised. In view of the admitted factual position that none belonging to the graduates of the ministerial wing and graduates of the Police Constabulary has been advised for appointment, there will be a direction to the respondents to advise four vacancies from among the graduates of the Police Constabulary since admittedly none from the graduates of the ministerial wing is available. It is made clear that the advice in respect of the four vacancies as above will be made by the Public Service Commission in accordance with the Rules on relinquishment. This shall be done within a period of two weeks from the R.P.No.413/2009 in W.A.No.282/2008 & R.P.No.523/2009 in w.a.nO.302/2008 -:4:- date of production of a copy of this order and as soon as the advice is received the appointment will be made within another two weeks. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- R.P.No.413/2009 in W.A.No.282/2008 & R.P.No.523/2009 in W.A.No..302/2008 ---------------------------- O R D E R 25th September, 2009