IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30240 of 2007(Y)
1. G.N. NAMBOOTHIRI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR OF COLLEGIATE EDUCATION,
3. KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SRI.J.HARIKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/10/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 30240 OF 2007 (Y)
====================
Dated this the 7th day of October, 2008
J U D G M E N T
Petitioner is the Secretary of Parent Teachers Association,
Government Sanskrit College, Trivandrum. The prayer sought in this writ
petition are to direct the 2nd respondent to take immediate steps to fill up
the vacancy of teachers in Sanskrit (Vyakarana) Department on a
permanent basis. Even according to the Government, two vacancies are
available and these vacancies were reported to the PSC on 17/6/04.
These are reserved posts and the PSC has not advised any candidates. As
rightly pointed out by the learned Government Pleader, Ext.P5 ranklist was
published by the PSC on 31/12/2005 and it was therefore that they could
not make appointments otherwise than by advice of the PSC. But the
stand of the PSC is that the list is exhausted and it was therefore that they
could not advise candidates in response to the two vacancies that were
reported on 17/6/2004. If that be so, in order to make regular
appointment it is for the authorities to take fresh proceedings in the
matter.
2. Be that as it may, the grievance of the petitioner is presently
regarding the stalemate that is prevailing in the College. However, the
WPC 30240/07
:2 :
learned Government Pleader expressed helplessness in making even adhoc
arrangement referring to Ext.P4 judgment rendered by this court. In the
judgment, Para 4 reads as under.
The above submissions are recorded. Writ petition is
closed with a direction that respondent No.4 shall take
immediate appropriate steps to advise the candidates
and respondent No.1 shall fill up the vacancies without
any further delay. In the meanwhile, no adhoc
appointments shall be made.
3. The direction to advise candidates is with reference to Ext.P5
ranklist published and the rider that no adhoc arrangement shall be made
can only operate so long as the list remains. Now that the list has
exhausted, in my view, the rider in Ext.P4, prohibiting appointment on
adhoc basis cannot remain operative. It will be open to the authorities to
make adhoc appointments to take care of the interest of the students.
With this clarification and directing that necessary steps in this
behalf will be taken as expeditiously as possible, the writ petition is
disposed of.
ANTONY DOMINIC, JUDGE
Rp