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[Cites 2, Cited by 3]

Kerala High Court

K.R.Mohanan vs Director Of Homeopathy on 28 March, 2007

Author: K.K.Denesan

Bench: K.K.Denesan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 27117 of 2002(C)


1. K.R.MOHANAN, KOIKKAL HOUSE,
                      ...  Petitioner
2. LEELA K.G., KAKKARA HOUSE,

                        Vs



1. DIRECTOR OF HOMEOPATHY, KERALA
                       ...       Respondent

2. DISTRICT MEDICAL OFFICER (HOMEOPATHY)

3. KERALA PUBLIC SERVICE COMMISSION

4. SMT.DEVI, HOMEO DISPENSARY,

5. P.I.SIVAN, HOMEO DISPENSARY,

6. C.V.RAJAN, HOMEO DISPENSARY,

7. BABURAJ, HOMEO DISPENSARY, KIZHALLUR,

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  :SRI.P.C.SASIDHARAN, SC, KPSC

The Hon'ble MR. Justice K.K.DENESAN

 Dated :28/03/2007

 O R D E R
                             K.K.DENESAN, J.

                  --------------------------------

                   O.P.NO: 27117/2002,  W.P(C)NOS:

                    35734/2005,5586 &  7270/2006

                  --------------------------------

                  Dated this the 28th March, 2007.



                                 JUDGMENT

The points arising for consideration in this batch of writ petitions are covered by the decision in Jalajamma P.S. v. State of Kerala and others {2007 (1) KHC 1097} However, counsel for the petitioner in O.P.27117/2002 submits that sufficient number of vacancies had arisen prior to the amendment of the special rules, that those vacancies were reported to the Commission but the Commission did not advise candidates from the rank list.

The Commission shall verify whether candidates in the rank list were omitted to be advised despite vacancies that arose prior to the amendment of the special rules were reported to the Commission. It is made clear that if the Commission finds that there was any such omission, the judgment in Jalajamma (supra) will not stand in the way of the Commission advising candidates according to their turn and as per rules. Appropriate action shall be taken within four months. Subject to the above direction, these writ petitions are dismissed.

K.K.DENESAN Judge jj