IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 20911 of 2005(M) --------------------------------------- PETITIONERS: --------------------- 1. SANTHOSHKUMAR VALLIKKAT, S/O.GOVINDANKUTTY, MANASA, KOTTAKKAL P.O., MALAPPURAM DISTRICT. 2. BOBBY THOMAS M., D/O.THOMAS M.O., MEPPULLY HOUSE, KUTTIKKAD P.O., CHALAKUDY, THRISSUR DISTRICT. 3. NARAYANAN K., KOTHAAMANGALATH MANA, P.O.OZHUR, TIRUR, MALAPPURAM DISTRICT. 4. REJISH KUMAR P., MALAYAMKUNATH HOUSE, PULLIPARAMBA P.O., CHELEMBRA-VIA, MALAPPURAM DISTRICT. 5. PUSHPA LATHA A., VALIYAPARAMBIL HOUSE, MEENA COTTAGE, VALLIKKUNNU P.O., KADALUNDI NAGARAM-VIA, MALAPPURAM DISTRICT. 6. SUBODH R. CHANDRAN, R.S. NIVAS, MYLADUM PARA, PARIPPALLY P.O., KOLLAM DISTRICT. 7. MANI M., MARENGALATH HOUSE, KERALA ESTATE P.O., MALAPPURAM DISTRICT. 8. BIJUMON K.S., KUZHIPPANIYIL, N.S.H. MOUNT P.O., KOTTAYAM DISTRICT. 9. RAJEEV S., S/O.V.SAHADEVAN, MOORTHIVILA VEEDU, MELKULANGARA, VAYAKAL P.O., KOLLAM DISTRICT. 10. SHANAVAS P.PERUMBALLY, KURIKKAL'S ANNEXE, DOWN HILL P.O., MALAPPURAM DISTRICT. W.P.(C). NO.20911/2005-M: 11. SOHANA P.(POTHERA), D/O.CHATHU NAIR, PAYYADAKATH HOUSE, P.O.KOZHUMAL KARIVELLUR, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERALA EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA, R3 & R4 BY MR.ALEXANDER THOMAS,SC,KPSC . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20911/2005-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RANKED LIST FOR THE POST OF H.S.A. (MALAYALAM) IN MALAPPURAM DISTRICT. EXT.P.2: COPY OF THE LIST OF VACANCIES OF H.S.A (MALAYALAM) AS COLLECTED BY THE PETITIONER. EXT.P.3: COPY OF THE G.O.(MS).120/99 DTD. 25/05/1999. EXT.P.4: COPY OF THE CIRCULAR DTD. 17/03/2001. EXT.P.5: COPY OF THE LETTER DTD 29/05/2001. EXT.P.6: COPY OF THE G.O.(P).NO.92/05/G. EDN. DTD. 19/03/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20911/2005-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of October, 2009 J U D G M E N T The petitioners herein are all included in the ranked list Ext.P1 for the post of H.S.A (Malayalam) in Malappuram District. The ranked list came into force on 20/06/2005. In the writ petition, the main prayer is for a direction to the second respondent to report the entire 55 vacancies, due to be filled up by P.S.C hands, to the fourth respondent for effecting advice and appointment by Ext.P1 ranked list. It is their contention that there are 110 substantive vacancies in the District and, when the ratio is applied, 54 vacancies are to be set apart for the P.S.C hands. Contending that the respondents are trying to effect promotion against 51 vacancies out of 54 vacancies, the writ petition was filed. 2. In the counter affidavit filed by the first respondent it is pointed out that regarding the existence of all those vacancies, particulars have not been produced by the petitioners. It is also stated that during the pendency of the P.S.C list there is a possibility of the petitioners being appointed. It is therefore assured that there is no room for any worry as expressed by the petitioners in the writ petition. The counter affidavit is dated 31/07/2006. W.P.(C). No.20911/2005 -:2:- 3. The writ petition has been pending for the last four years and none of the parties who have been promoted have been impleaded as parties in the writ petition and further, in the light of the counter affidavit no further orders are called for in the writ petition. The ranked list has already expired. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms