IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 1076 of 2008(C) ------------------------- PETITIONER : -------------------- AJAY P. KRISHNA, PUTHENPURACKAL HOUSE, CHIRAKKADAVU EAST P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADVS. SRI.JOSE ABRAHAM SRI.ANIL THOMAS (MELEMALAYIL) RESPONDENT(S): ------------------------ 1. THE DEPARTMENT OF COLLEGIATE EDUCATION, VIKAS BHAVAN, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE GOVERNMENT OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER SMT. N. SUDHA DEVI R5 BY ADV. SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 1076 of 2008(C) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SPECIAL RULES FOR THE COLLEGIATE EDUCATION SERVICE, 1994 (G.O.(P)NO.41/94/H. EDN. DATED 21/3/1994. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.1076 Of 2008 ----------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner challenges the Special Rules for the Kerala Collegiate Education Service, 1994. He was an applicant to the post of Lecturer in Physical Education under the Collegiate Education Department. In the rank list, he was rank No.28. At the time of filing of the Writ Petition, some of the vacancies have been filled up and his turn was 42nd. Alleging that the respondents are trying to fill up the remaining vacancies by giving promotions from Polytechnics in the State of Kerala, this Writ Petition has been filed. 2. The learned counsel for the Kerala Public Service Commission submitted that altogether 43 advises have been made during the currency of the rank list and the rank list expired on 30.4.2010. 3. In that view of the matter, the challenge against the Rules has become academic. The contention that the remaining vacancies after filling up 34 have been earmarked for promotion, therefore was not correct as some more vacancies were filled up. Therefore, the Writ Petition is dismissed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn