IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No. 387 of 2009() -------------------- AGAINST THE ORDER IN WPC 169 OF 2008 APPELLANT/R1: ---------------------- KERALA PUBLIC SERVICE COMMISSION, REP. BYITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENTS/PETITIONERS & R2 & 3: ----------------------------------------------------- 1. SHEEJA K.P., W/O. P. SUBRAMANIAN, RESIDING AT PUSHPAKATH, VILAYANOOR P.O., PALAKKAD -678 671. 2. MAHADEVAN J, S/O. JANARDHANA IYER, RESIDING ATM TC 38/361, VALIYACHALI STEEET, THIRUVANNTHAPURAM, 695 036. 3. DIRECTOR, DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANNTHAPURAM. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. R1 & 2 BY ADV. SMT. P.V. ASHA R3 & 4 BY GOVT. PLEADER SMT. R. BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 387 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2009 JUDGMENT Balakrishnan Nair, J. The appellant is the Public Service Commission. It is aggrieved by the direction issued by the learned Single Judge, to advise a candidate against the non-joining duty (NJD) vacancy reported to it. The said vacancy has arisen as a result of the non- joining duty of Rajendran Pillai, who was a general merit candidate. According to the writ petitioners, if that vacancy is available and a candidate is advised from the rank list, the first petitioner is likely to get appointment in that vacancy. 2. On behalf of the State, the learned Government Pleader has filed a statement in the appeal. According to the said statement, the NJD vacancy was reported by the Principal, Nalanda Government Higher Secondary School to the Director only by communication dated 4.2.2008. The reason was that the W.A.No. 387 of 2009 2 government granted further extension of time to Rajendran Pillai to join duty up to 24.1.2008. The rank list has already expired on 22.1.2008. 3. In view of the above position, the direction issued by the learned Single Judge, for advising a candidate to the NJD vacancy, which was reported after the expiry of the Rank list, cannot be sustained. Therefore, the direction in the impugned order to that effect is vacated. 4. The Writ Appeal is accordingly disposed of. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm