IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 26311 of 2008(G) ------------------------------------------ PETITIONER(S): ------------------------- 1. PRADEEPKUMAR P.S., VILAYIL VEEDU, PUZHAMALAKKAL, PUTHUKULANGARA P.O., NEDUMANGAD, THIRUVANANTHAPURAM – 695 541. 2. SHABEERMON M, MANKADA HOUSE, VENNIYUOR P.O., KODIMARAM, MALAPPURAM DISTRICT – 676 508. 3. BABU P.S., PANCHA HOUSE, NADUVILKARA P.O VADANAPPILLY, TRISSUR, - 680 614. 4. ANIKUMAR.T.P., THAZHEPARAMBATH HOUSE, PERUNTHATTIL P.O.,THALASSERRY- 670 107. BY ADV. SMT.P.V.ASHA RESPONDENT(S): --------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM - 4. R1 BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD R2 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26311/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF RANK LIST DTD. 31/12/07 FOR THE POST OF HSST (HISTORY) JUNIOR. EXT.P2: COPY OF THE LETTER DTD. 29/05/08 OF THE INFORMATION OFFICER OF THE 1ST RESPONDENT. EXT.P3: COPY OF THE APPLICATION DTD. 9/06/08 OF A CANDIDATE UNDER RTI ACT. EXT.P4: COPY OF THE LETTER DTD. 30/06/08 OF THE INFORMATION OFFICER OF 1ST RESPONDENT ALONG WITH LIST OF SCHOOLS. EXT.P5: COPIES OF THE VACANCY REPORTS OF PRINCIPALS TO 1ST RESPONDENT. EXT.P6: COPY OF THE RELEVANT PORTION OF APPOINTMENT ORDER DTD. 26/06/08 ISSUED TO SRI.SAKHARYA. EXT.P7: COPY OF THE RELEVANT PORTION OF APPOINTMENT ORDER DTD. 26/06/08 ISSUED TO SRI.RIJUKUMAR. EXT.P8: COPY OF THE RELEVANT PORTION OF APPOINTMENT ORDER DTD. 26/06/08 ISSUED TO SMT. JAYAMOL. EXT.P9: COPY OF THE LETTER DTD. 16/07/08 OF SRI.RIJUKUMAR TO 1ST RESPONDENT. EXT.P10: COPY OF THE G.O.(MS) NO.160/08/G.EDN. DTD. 15/09/2008. EXT.P11: COPY OF THE CHART WITH SUBJECT WISE DISTRIBUTION OF POSTS AS APPEARED IN THOZHILVARTHA DTD.25/10/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No.26311 of 2008-G --------------------------------------------- Dated this the 13th day of March, 2009. J U D G M E N T Heard Smt.P.V.Asha, the learned counsel appearing for the petitioner, Sri.T.T.Muhamood, the learned Government Pleader appearing for the first respondent and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioners are candidates included in Exhibit P1 ranked list for appointment to the post of HSST (History). Exhibit P1 ranked list came into force on 30.12.2009 and is still in force. The petitioners complain that notwithstanding the existence of vacancies, the Director of Higher Secondary Education is not reporting the vacancies. By an interim order passed on 10.12.2008, this Court directed the first respondent to report 17 vacancies of HSST (Junior) and to advice candidates against 7 out of 17 vacancies. When the writ petition came up for hearing today, the learned Government Pleader submitted that 30 vacancies including the vacancies earlier reported pursuant to the interim direction W.P(C) No.26311 of 2008-G 2 issued by this Court have been reported to the Commission on 9.1.2009. He also submitted that it is now for the Commission to advice candidates against the said vacancies. 3. Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission submits that a learned Single Judge of this Court has by judgment delivered on 7.8.2008 in W.P(C) No.33078 of 2007 directed that till the ranked lists are revised as directed therein, no advise shall be made for appointment to various teaching posts including HSST History (Junior). The learned standing counsel further submits that as directed by this Court in the aforesaid judgment, the ranked lists are being revised and that Exhibit P1 ranked list is also being revised. The learned standing counsel further submits that in view of the positive direction issued by this Court in W.P(C) No.33078 of 2007, the Commission cannot advice candidates till the ranked list is revised as directed therein and therefore the Commission is not in a position to comply with the interim order passed on 10.12.2008. 4. On going through the judgment in W.P(C) No.33078 of 2007, I am satisfied that the Commission is justified in its submission that the direction therein prevents them from advising W.P(C) No.26311 of 2008-G 3 candidates as directed this Court in the order passed on 10.12.2008 in this writ petition. In these circumstances the interim direction issued by this Court on 10.12.2008 to advise candidates seven vacancies of HSST History (Junior) shall stand recalled for the time being. The Commission shall as soon as the exercise under taken by them to revise the ranked lists is complete advice candidates against all the 30 vacancies reported by the Director of Higher Secondary Education. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab