IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WA.No. 1797 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10066/2008 DATED 29.5.2008 .................... APPELLANT/PETITIONER IN WP(C): ----------- A.N.RAJAPPAN PILLAI, S/O NEELAKANTA PILLAI AGED 51 YEARS, RESIDING AT RAJ BHAVAN, MAYITHARA MARKET P.O.. BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENTS/RESPONDENTS 1 TO 6 AND 2ND PETITIONER IN WP(C): ------------- 1. THE AUTOKAST LTD., REPRESENTED BY ITS MANAGING DIRECTOR, S.N. PURAM P.O.,CHERTHALA. 2. M.D. JOSEPH, ASST. ENGINEER, AUTOKAST LTD., CHERTHALA 3. D.V. MURUGAN, ASST. ENGINEER, AUTOKAST LTD., CHERTHALA 4. SASIDHARAN, ASST. ENGINEER, AUTOKAST LTD., CHERTHALA 5. N.RAMESH BABU,ASST. ENGINEER, AUTOKAST LTD., CHERTHALA 6. P.K.KUNJAN, ASST. ENGINEER, AUTOKAST LTD., CHERTHALA 7. G.MOHANAN, RESIDING AT VADAKKANEZHATH, MOHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV.SRI.B.S.KRISHNAN (SR) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- W.A.NO.1797 OF 2008 () ----------------------------------- Dated this the 29th day of August, 2008 J U D G M E N T KOSHY,J. Appellant is working as an Electrician cum Fitter in the 1st respondent company, Autokast Limited. Notice inviting applications were published for filling up six number of vacancies to the post of Assistant Engineer. Appellant is eligible for applying to the above post. The appellant as well as the contesting respondents participated in the written test and interview. Even though the appellant is senior, the marks received by the respondents are much higher. The learned Single Judge perused the mark sheet and the procedure and found that there is no specific allegation or mala fides in finalising the selection process and the respondents were meritorious. In the above circumstances, the learned Single Judge dismissed the writ petition. We are unable to find any illegality in the impugned judgment. However, it is noticed that there are W.A.1797/08 2 subsequent vacancies. Since only six vacancies were noticed, they can fill up only those six vacancies. When the 1st respondent makes notification for other vacancies, appellant can again be considered. The appellant may also be considered in the vacancies if any existing or in the future vacancies, according to law. With the above observations, this appeal is disposed of. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008