IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 RP.No. 94 of 2008() ------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2194/2007 Dated 05/12/2007 .................... PETITIONER : APPELLANT NO.1: -------------------------------- UMMERKOYA V., VAKKAYIL HOUSE, IRINGATTIRI POST, KARUVARAKUNDU, MALAPPURAM DIST. BY ADV. SMT.P.V.ASHA RESPONDENTS: WRIT APPELLANTS: ----------------------------- 1. AJITHA N.K., W/O.GANGADHARA K., ASWINI SWARGA, P.O.VANI NAGAR, KASARAGOD DISTRICT. 2. THADEVOOSE NETTO.Y, SACRED HEART HOUSE, ERIKKALUVILA PURAYIDOM, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT. 3. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 5. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.KALEESWARAM RAJ R3 AND R4 BY G.P. SMT. SMITHA BABU R5 BY SC SRI. ALEXANDER THOMAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION FINALLY ON 21/02/2008 ALONG WITH RP 178 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- R.P.No.94/2008 in W A No. 2194 of 2007 & R.P.No. 178/2008 in W.A.No.1714 of 2007 -------------------------------------------- Dated this the 21st day of February, 2008 O R D E R T.R. Ramachandran Nair,J. These Review Petitions have been filed seeking to review the judgment in W.A.Nos. 2194 & 1714 of 2007. The substantial contention raised in the Review Petitions is that on date of expiry of the rank list, there were 18 more vacancies available and hence the candidates from the old rank list are entitled to be appointed in the above said vacancies. 2. As directed by this Court, the second respondent has filed a statement in R.P.No. 178 of 2008. It has been explained that only three vacancies were available which could be filled up from the old rank list which expired on 30.12.2006. Out of the above three vacancies, two vacancies were reported in compliance with the judgment in W.A.No. 1714 of 2007 on 9.1.2008. The remaining one vacancy is the one to 2 which a candidate, namely, Sri. P.P. Narayanan, was advised twice and since he had already been appointed, that one vacancy will go to another candidate. He was appointed as Higher Secondary School Teacher (Socialogy) on 7.6.2006. It is agreed in the statement that another candidate can be appointed against the vacancy in which Sri.P. Narayanan was readvised by the Public Service Commission. We make it clear that only the above three vacances can be filled up by candidates from the old rank list which expired on 30.12.2006. The learned counsel for the candidates who figure in the new rank list submits that as far as vacancies which arose after 30.12.2006 are concerned, candidates from the old rank list cannot have any right. We make it clear that only in the three vacancies above mentioned, candidates from the old rank list should be appointed and as far as vacancies that arose after 30.12.2006 are concerned, as held already by the Division Bench in the Appeals, those vacancies will go to candidates from the new rank list, and respondents will take steps to fill up those vacancies accordingly. The appointment as directed above 3 from the respective rank lists shall be made expeditiously. Review Petitions are disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 4