IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 413 of 2009()
1. BIJU.U, JEEJA BHAVAN,M
... Petitioner
2. ASOK KUMAR.P,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. KERALA PUBLIC SERVICE COMMISSION,
4. BENNY LALU.M.L, MUNAMPEL JOSE COTTAGE,
5. DHWIJESH, S/O. SAMBAN.P,
6. K.S. SELVARAJ, KULAKANDATHIL,
7. ASHOKA KUMAR, S/O. K. VASUDEVAN,
8. SUNIL.V.R, AMBATTUKUNNEL,
9. LALUMON.C.V, CHERUVALLIPPADY HOUSE,
For Petitioner :SRI.K.JAJU BABU
For Respondent :SRI.P.RAVINDRAN (SR.)
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :25/09/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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R.P.No.413/2009 in W.A.No.282/2008 &
R.P.No.523/2009 in w.a.nO.302/2008
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Dated this the 25th day of September, 2009
O R D E R
Kurian Joseph,J.
Two of the appellants are the review petitioners. The
issue pertains to appointment to the post of Sub Inspectors of
Police in the General Executive Branch. 50% of the vacancies are
to be filled up by way of direct recruitment. Of the 50% there is
a ratio of 8:1:1, 8 from open market, one from the graduates in
the ministerial wing and the other from the graduates among the
Constables. In the absence of the graduates in the ministerial
wing those vacancies are also to be filled up from the 3rd
category.
2. Learned counsel for the review petitioners in both
cases submit that the scope of the review may be limited to the
claim for four vacancies available out of 39 vacancies. Those four
vacancies have arisen on account of non-joining duty of the four
advised candidates. Therefore, at the outset we make it clear
that we are not dealing with the various other contentions taken
R.P.No.413/2009 in W.A.No.282/2008 &
R.P.No.523/2009 in w.a.nO.302/2008
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by the parties. All those contentions are left open
particularly since we are told that there are other writ
petitions touching on the issue of number of vacancies.
3. There is no dispute that of the 39 vacancies
originally advised pursuant to the judgment of the Division
Bench none belonging to the graduates of the ministerial
wing or graduates of the constabulary was included. In view
of the statutory entitlement for 10% for the graduates of the
ministerial wing and 10% for the graduates of the
constabulary their claims also should have been considered.
But the learned Government Pleader submits that the 39
candidates were advised from the open market pursuant to
the direction issued by the Division Bench. However, it is
the contention of the other respondents that 39 is only 80%
of the total vacancies available to the 50% in the general
R.P.No.413/2009 in W.A.No.282/2008 &
R.P.No.523/2009 in w.a.nO.302/2008
-:3:-
executive branch. We do not think that the above
contentions need be addressed at this stage in view of the
submission made by the learned counsel for the review
petitioners that they limit their claim only to the 4 available
NJD vacancies out of the 39 already advised. In view of the
admitted factual position that none belonging to the
graduates of the ministerial wing and graduates of the Police
Constabulary has been advised for appointment, there will
be a direction to the respondents to advise four vacancies
from among the graduates of the Police Constabulary since
admittedly none from the graduates of the ministerial wing is
available. It is made clear that the advice in respect of the
four vacancies as above will be made by the Public Service
Commission in accordance with the Rules on relinquishment.
This shall be done within a period of two weeks from the
R.P.No.413/2009 in W.A.No.282/2008 &
R.P.No.523/2009 in w.a.nO.302/2008
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date of production of a copy of this order and as soon as the
advice is received the appointment will be made within
another two weeks.
(KURIAN JOSEPH, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ahg.
KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.
—————————
R.P.No.413/2009 in
W.A.No.282/2008 &
R.P.No.523/2009 in
W.A.No..302/2008
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O R D E R
25th September, 2009