IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 27473 of 2010(S) -------------------------------- PETITIONERS: --------------- 1. SUJESH J.MATHEW, ADVOCATE, PUNNOLIL HOUSE, PAINGOTTUR P.O., KOTHAMANGALAM. 2. S.M.NAZEER, ADVOCATE, SAMUDAYAPARAMBIL, NELLIKUZHI P.O., KOTHAMANGALAM. BY ADV. SRI.P.V.ELIAS RESPONDENT: ---------------- STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE G.O. DATED 16.8.2004 EXT.P2 TRUE COPY OF THE INFORMATION DATED 16.6.2010 GIVEN BY THE P.I.O. OF THE OFFICE OF THE PROSECUTION DIRECTORATE, KERALA EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 14.6.2010 MADE BY THE PETITIONERS BEFORE THE RESPONDENT / TRUE COPY / J.Chelameswar, C.J. & Antony Dominic, J. ------------------------------------------ W.P.(C) No.27473 of 2010 ------------------------------------------ Dated this the 10th day of March, 2011 JUDGMENT Antony Dominic, J. This writ petition has been filed styling it as a public interest litigation. The petitioners are Advocates practising for the last 11 years in different courts in the State of Kerala. According to them, there are large number of vacancies of Assistant Public Prosecutors and that the respondent is not taking any steps for filling up of those vacancies. It is stated that such inaction on the part of the State is in violation of the provisions contained in the Code of Criminal Procedure. On this basis, the petitioners seek a direction requiring the respondent to make permanent appointment to the existing vacancies of Assistant Public Prosecutors in the various Magistrate Courts in Kerala. 2. A statement has been filed on behalf of the respondent. Though the exact number of vacancies is not indicated, the fact that vacancies are in existence in nine districts in the State is admitted. It is also stated that by G.O.(Ms) No.85/11/Home dated 1/03/2011 the Government of Kerala entrusted recruitment of Assistant Public Prosecutors Grade II to the Public Service Commission. 3. Now that the existence of vacancies and the necessity to fill WP(C) No.27473 of 2010 - 2 - up those vacancies are admitted and the recruitment has been entrusted to the Public Service Commission, it is necessary that the respondent should take steps for expeditious reporting of the vacancies to the Public Service Commission. This the respondent shall do at any rate within three months from the date of receipt of a copy of the judgment. 4. We also record the statement made on behalf of the respondent that instructions have been given to the concerned District Collectors for filling up of existing vacancies of Assistant Public Prosecutors provisionally till the regular hands recruited by the Public Service Commission join duty. 5. Since the Public Service Commission is not a party to this writ petition we are not issuing any positive direction against them. However, we hope and trust that once the vacancies are reported, the Public Service Commission will expeditiously complete the selection process. Writ petition is disposed of accordingly. J.Chelameswar, Chief Justice Antony Dominic, Judge vns