IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 14508 of 2011(K) -------------------------- PETITIONER : --------------- A.INDU, AGED 40 YEARS, W/O. VASUDEVAN, HEAD CLERK, ULLIYERI GRAMA PANCHAYATH, ULLIYERI, KOZHIKODE, RESIDING AT PADMALAYAM, MOKKAVUR, POST ERANJIKAL, KOZHIKODE-673 303. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PANCHAYATH, PANCHAYATH DIRECTORATE OFFICE, THIRUVANANTHAPURAM-695 033. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM-695 004. R1, R2 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R3 BY STANDING COUNSEL SRI. P.C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14508 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PAGE OF THE NOTIFICATION NO.319/2007 EXT.P2 : COPY OF THE GOVERNMENT ORDER NO.85 OF 2011 DATED 26.2.2011 EXT.P3 : EXT.P3, COPY OF THE REPRESENTATION L29.3.2011 RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 14508 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 J U D G M E N T The petitioner is presently working as a Head Clerk in Ulliyeri Grama Panchayat under the Local Self Government Department. This writ petition has been filed mainly with a prayer to issue a writ of certiorari quashing Ext.P1 and also for a direction to the respondents not to effect appointment to the post of Secretary, Grama Panchayat or to the post of Special Grade Secretary(Panchayat) over and above the notified vacancies. Ext.P1 is the notification issued by the Kerala Public Service Commission inviting application for appointment to the post of Lower Grade Secretary(Grama Panchayat). As per Ext.P1 94 vacancies were notified. According to the petitioner, there is a ratio of 1:1 for appointment to the post of Lower Grade Secretary by promotion as well as direct recruitment. However, the learned Government Pleader submits that the ratio is 6:4 going by the relevant rules. There cannot be no doubt with respect to the position that while reporting vacancies for the WPC.No.14508/2011 : 2 : purpose of effecting advice and appointments from the list drawn pursuant to Ext.1 the respondents are bound to look into the relevant rules to identify the number of vacancies available to be filled up through direct recruitment. For that purpose, necessarily the prescribed ratio under the relevant Rule has to be looked into. When once the number of vacancies is identified with reference to the prescribed ratio there cannot be any impediment at all for effecting advice and appointment from the list drawn pursuant to Ext.P1 notification. There is no reason to believe that the appointing authority will report all the vacancies in the cadre for direct recruitment ignoring the said prescribed ratio. The next question is whether the petitioner is justified in seeking the relief to restrain the respondents from effecting advice and appointment in excess of the notified vacancies viz., 94 vacancies. In Ext.P1 notification it is stated thus:- “The Ranked list published by the Commission in pursuance of this notification shall remain in force for a minimum period of one year provided that the said list will continue to be in force till the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years whichever is earlier. Candidates will be advised from the said list against the vacancy noted above and also against the vacancies if any reported to the Commission in writing during the currency of the list” In the context of the contentions it is relevant to refer to Rule 14 of the Kerala Public Service Commission Rules of WPC.No.14508/2011 : 3 : Procedures. It reads thus: “the commission shall advice candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit subject to the rules of reservations and rotation, wherever they are applicable” It is evident from Rule 14 that the Public Service Commission is bound to advice not only against the notified vacancies reported and pending before them but also against the vacancies which may be reported to them during currency of the concerned rank list. In the said circumstances it is evident that in case the appointing authority reports vacancies in excess of notified vacancies during the currency of the list in question after applying the relevant rule for the purpose of identifying the number of vacancies to be filled up through direct recruitment it will be the bounden duty of the Commission to effect advice against such vacancies as well. When that be a right coupled with duty, of the Public Service Commission cannot be directed to limit its act of advising only against the notified vacancies. With the said observation, this writ petition is disposed of. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge