Kerala High Court
Arun Jagannath V.R vs The Kerala Public Service Commission on 15 December, 2007
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 14TH DAY OF AUGUST 2012/23RD SRAVANA 1934
UNNUMB.WP(C).No. 407 of 2012 ()
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PETITIONER(S):
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1. ARUN JAGANNATH V.R,AGED 25 YEARS,
S/O.RADHAKRISHNAN.V.J., RESIDING AT SREE
RAMAMANDIRAM,C.N.PURAM.P.O.,L.N.PURAM,PALAKKAD-678 005
2. AJIMON.C.P., AGED 26 YEARS, S/O.PADMANABHAN,
RESIDING AT CHAKKARATHARA, ULLALA,THALAYAZHAM.P.O.,
VAIKOM KOTTAYAM-686 607
3. MANJU.P.M., AGED 29 YEARS, D/O.MUKUNDAN.P.K.,
RESIDING AT PORKALATH(H), JYNAPPALLY, MANATHALA,
CHAVAKKAD, THRISSUR.
4. PRAMITHA.D., AGED 25 YEARS, D/O.DEVADAS.V.,
RESIDING AT MANIYAMKADU(H), KARINJARAPULLY, PALAKKAD.
5. VANAJA.V.S., AGED 26 YEARS, D/O.VELAYUDHAN, RESIDING AT
PARAKKAL HOUSE, NENMENI.P.O., PALAKKAD.
6. DR.REKHA RAJAPPAN,AGED 38 YEARS, D/O.RAJAPPAN,
RESIDING AT VELLIMATTOM(H), KAYOOR.
7. AJESH.T.V., AGED 29 YEARS, S/O.CHANDRAN.M., RESIDING
AT THAZHEVEETTIL(H), PARAKKUNNUR(P.O.), M.M.BAZAR, KANNUR.
8. PRAMEELA.A.K., AGED 32 YEARS, D/O.KANNAPPAN.K.P., RESIDING
AT KOTHAVELITHARA, EZHUPUNNA SOUTH(P.O.), CHERTHALA,
ALAPPUZHA-688 550
9. SMITHA.K., AGED 28 YEARS, D/O.V.V.KRISHNAN, RESIDING AT
KAPPADAN, KOLAKKAD(P.O.), THALIPARAMBU,KANNUR-670 143
10. RAJINI.M.V., AGED 29 YEARS, D/O.RAGHAVAN.C., THOVARA,
PORAKUNNU(P.O.), M.M.BAZAR, KANNUR-670 306
11. JAYALAKSHMI.T.V., AGED 35 YEARS, W/O.ANIL KUMAR,
RESIDING AT THAZHEVEETTIL,PADIYOTEHIL(P.O.), PAYYANNUR,
KANNUR-670 307
12. ANU.A.P.,AGED 29 YEARS, D/O.CHANDRASHEKHARAN.K.V.,
RESIDING AT ANAND NIVAS, PAYYANNUR.P.O., KANNUR.
sts 2/-
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UNNUMB.WP(C).No. 407 of 2012
13. DR.PADMADAS.K.L., AGED 31 YEARS,
S/O.KUNJIKRISHNAN NAIR, THEKKECHAPIA,
KUNNATHMEETHAN, NANDERI.P.O., KOYILANDI,
KOZHIKODE-673 320
14. NIDHEESH.M.G.,AGED 26 YEARS, S/O.GOPI.M.C., RESIDING
AT MUNAKKADAN(H), MURIKKUNJAL EAST,KODALY, THRISSUR.
15. DR.PRAJITHA.P.V.,AGED 30 YEARS, D/O.CHANDU.K.,
RESIDING AT KOOVACHERY,KOZHUMMAL(P.O.), KANNUR-670 522.
16. PRASEETHA.A.P., AGED 26 YEARS, D/O.PRAKASAN.A.V.,
RESIDING AT AMMACHALIL,MARADU, ERNAKULAM.
BY ADV. SRI.C.V.MANUVILSAN
RESPONDENT(S):
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1. THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM.P.O., THIRUVANANTHAPURAM-04. REPRESENTED
BY ITS SECRETARY.
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,(INTER COLLEGIATE
EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
R2 BY GOVERNMENT PLEADER
THIS UNNUMBERED WPC HAVING COME UP FOR ADMISSION
ON 14-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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UNNUMB.WP(C).No. 407 of 2012
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA PUBLIC SERVICE
COMMISSION BULLETIN, DATED 15TH DAY OF DECEMBER 2007, CATEGORY
NO.485/2007
P2 COPY OF THE EXAMINATION SCHEDULE OF THE KPSC FOR THE MONTH OF
AUGUST 2012, PUBLISHED IN THE NEWS PAPER MATHRUBHUMI DAILY DATED
28/07/2012
P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE
THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
S. Siri Jagan, J.
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Unnumbered W.P(C) No. of 2012
(Z.W.P(C) No. 407 of 2012)
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Dated this, the 14th day of August, 2012.
J U D G M E N T
The petitioners are aggrieved by the failure on the part of the Public Service Commission to complete selection process pursuant to Ext.P1 notification inviting applications issued as early as on 12.12.2007 for the post of Lecturer in Kerala Collegiate Education Service. The contention of the petitioners is that because of the long delay, the persons who qualified in the meanwhile would loose an opportunity to compete for the post. The petitioners seek the following reliefs:
"i. Declare that if the PSC has issued a notification for filling up of future posts, the examination pursuant to that notification would be conducted within a reasonable time and if it could not be done within a reasonable time, opportunity would be afforded to the qualified fresh aspirants, who became eligible, after issuance of the earlier notification.
ii. Declare that decision of PSC to conduct the examination vide Ext.P2 on 18.08.2012, pursuant to Ext.P1 notification issued in the year 2007, i.e. after a period of 6 years, is illegal, irrational and procedurally improper and also violative of Article 14 of the Constitution of India.
iii. Call for the records leading to the issuance of Ext.P1 and Sl. No. 13 of P2 and quash the same by way of issuance of a writ of certiorari.
iv. Issue a writ of mandamus directing the 1st respondent to permit the petitioners also to write the examination announced by the KPSC vide Ext.P2, pursuant to Ext.P1 notification, in consideration of their eligibility.
v. Issue a writ of mandamus directing the respondent No. 1 to consider and take appropriate action on Ext.P3 without (Z.W.P(C) No. 407 of 2012) -: 2 :- any further delay, by affording a reasonable opportunity of being heard to the petitioners or his authorised representative and keep all further proceedings pursuant to Ext.P2 in abeyance, till an action is taken on Ext.P3."
Ext.P1 is for selection to the post of Lecturer in Kerala Collegiate Education Service. In respect of appointments to the post in Government service, in view of Section 15 of the Administrative Tribunals Act, this Court does not have jurisdiction to entertain writ petitions. The petitioners' remedy lies in approaching the Kerala Administrative Tribunal for the reliefs prayed for in this writ petition. Without prejudice to the right of the petitioners to seek their remedies before the Kerala Administrative Tribunal, this writ petition is dismissed.
Sd/- S. Siri Jagan, Judge.
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