IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 114 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.3432/2008 Dated 01/09/2008 .................... APPELLANTS: RESPONDENTS ------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENTS: PETITIONERS AND RESPONDENTS 3 AND 5 -------------------------------------------------- 1. VINOD.K, PEON, GOVT. HIGHER SECONDARY SCHO, SOUTH EZHIPURAM, ALUVA, ERNAKULAM DISTRICT. 2. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. THE HEAD MASTER, GOVT. HIGHRER SECONDARY SCHOOL, SOUTJH EZHIPURAM, ERNAKULAM DISTRICT. 4. RAJI, W/O. SANTHOSH KUMAR, AGED 34 YEARS, ALADY HOUSE, IRINGOL.P.O, PERUMBAVOOR, ERNAKULAM DISTRICT. 5. SABIDA.P.E, W/O. KABEER.M.M, AGED 28 YEARS, SANOJ MANZIL, MUDAVOOR.P.O, PULINCHODUKAVALA, MUVATTUPUZHA, ERNAKULAM DISTRICT. 6. VIDYAMOL.V, W/O. BINUMON.P.D, VRINDAVANAM, PATTITHANAM.P.O, ETTUMANOOR, KOTTAYAM. ADV. SRI.S.SUBHASH CHAND FOR R6 SRI.SHAJI P.CHALY FOR R4-5 GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R2 & 3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.114 of 2009 ---------------------------------------------- Dated 27th January, 2009. J U D G M E N T Kurian Joseph, J. The first respondent(Public Service Commission) in the writ petition is the appellant. The writ petition was filed mainly with the following prayer :- “To issue a writ in the nature of mandamus or such other writ, direction or order, commanding the respondents 1 to 3 to fill up the 7 vacant posts of H.S.A.(Maths) in Ernakulam District from among the qualified ministerial staff, working in Ernakulam District.” The learned Single Judge disposed of the writ petition directing the Public Service Commission to issue advice memo to the petitioner to fill up the vacancy in the category of 'by transfer' appointment, in case he is included in the select list. A period of four months was also fixed for completing the process. 2. When the writ appeal came up for admission, we directed the learned Government Pleader to get instruction as to what is the factual position. In the statement dated 24.1.2009, it is reported that the writ petitioner is the only applicant for 'by WA NO.114/2009 2 transfer' appointment. It is also reported that there are seven vacancies in that quota and one vacancy alone is now set apart for 'by transfer' appointment. 3. Learned Legal Retainer to the Public Service Commission submits that the Commission has taken a decision to conduct the selections either by written test or by interview alone. It has also been decided to complete the process along with the selection of direct recruits and therefore, it is submitted that the schedule fixed by the Commission may not be upset by the direction issued by the learned Single Judge. 4. Having regard to the submissions made before us, we are of the view that the Commission is to be given time to complete the process of selection along with the selection of direct recruits. The eligibility of the writ petitioner to be included in the ranked list also has to be assessed appropriately. However, the fact remains that petitioner is the only candidate out of the seven vacancies reported to the Commission for 'by transfer' appointment. Therefore, it will be highly unjust and unreasonable to direct the writ petitioner to wait till the process is WA NO.114/2009 3 completed by the Commission. In such circumstances, it is only in the interests of justice that a direction is issued to the appointing authority, viz., the Deputy Director of Education, Ernakulam (third respondent in the writ petition) to provisionally appoint the petitioner by transfer, to the post of H.S.A.(Maths) in Ernakulam District, under Rule 9(a)(i) of the General Rules. It is made clear that the appointment thus made will be subject to the inclusion of the petitioner in the ranked list prepared by the PSC. In other words, in case the petitioner's name is not included in the ranked list prepared by the PSC, the appointment is liable to be terminated. It is also made clear that the appointment under Rule 9(a)(i) would continue till the publication of the ranked list, and in case the petitioner is included in the ranked list, till the completion of the process of appointment. Learned Senior Government Pleader submits that the judgment may not be taken as a precedent. It needs no clarification since the direction as above is issued only in the peculiar facts and circumstances of the case and not by way of a general guideline. In that view of the matter, the writ appeal is partly allowed and the time limit WA NO.114/2009 4 fixed by the learned Single Judge for preparation of the ranked list is vacated. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.114 of 2009 ---------------------------------------------- J U D G M E N T Dated 27th January, 2009.