IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 1929 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------- ANIL KUMAR.S., L.D.TYPIST, ARCHAEOLOGY DEPARTMENT, DIRECTORATE OF ARCHAEOLOGY, SREEPADAM PALACE, EAST FORT, FORT P.O., THIRUVANANTHAPURAM. BY ADV. MRI.ELVIN PETER P.J. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CULTURAL AFFAIRS (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ARCHAEOLOGY DEPARTMENT, DIRECTORATE OF ARCHAEOLOGY, SREEPADAM PALACE, EAST FORT, FORT P.O., THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. SRI.ABHILASH, CONFIDENTIAL ASSISTANT, DIRECTORATE OF ARCHAEOLOGY, SREEPADAM PALACE, EAST FORT, FORT P.O., THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1929/2008 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER G.O. DTD. 28/10/1959 ISSUED BY THE GOVT. P2: COPY OF ORDER G.O. DTD. 1ST SEPT.1971 ISSUED BY THE GOVT. P3: COPY OF THE COMMUNICATION DTD.03/04/2007 SENT BY THE 2ND RESPONDENT. P4: COPY OF COMMUNICATION DTD. 16/04/2007 ISSUED BY THE GOVT. P5: COPY OF THE COMMUNICATION DTD. 9/07/2007 ISSUED BY THE P.S.C. 3RD RESPONDENT. P6: COPY OF THE COMMUNICATION DTD. 10/07/2007 ISSUED BY THE 2ND RESPONDENT. P7: COPY OF THE COMMUNICATION DTD. 25/09/2007 ISSUED BY THE GOVT. P8: COPY OF THE COMMUNICATION DTD. 16/11/2007 ISSUED BY THE P.S.C. 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.1929 of 2008-D ------------------------------ Dated this the 20th day of August, 2009. J U D G M E N T Heard Sri.Elvin Peter, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned counsel appearing for respondents 1 and 2, Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioner who is presently working as LD Typist in the Archeology Department, has filed this writ petition challenging Exts.P5 and P7 and seeking a direction to respondents 1 and 2 to fill up the post of Confidential Assistant in the Archeology Department by direct recruitment. The petitioner contends that though after the notification inviting applications was published, he has acquired the qualifications for promotion as Confidential Assistant and as qualified hands are now available in the department, direct recruitment cannot be resorted to. 3. The issue raised by the petitioner is covered against him by the decision of this Court in Jeevamol V. State of Kerala (2009(1) KLT 881). In that case a similar claim was repelled by this Court. It was held that once a vacancy is reported to Kerala Public Service Commission, it cannot be filled up by promoting an in-service candidate who becomes qualified or is appointed thereafter. In the instant case, the vacancy was W.P(C) No.1929 of 2008-D 2 reported to the Commission on 31.1.2004. The vacancy arose on 18.6.2003. At that point of time the petitioner was not qualified. The petitioner entered service only on 17.3.2004. Therefore, applying the principle laid down by this Court in Jeevamol V. State of Kerala (supra), the petitioner's request cannot be entertained. In the result, the writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab