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"25. In the result all the writ petitions are disposed of as follows:

1. *** *** ***

2. *** *** ***

3. There will be a direction to the staff selection commission to complete the selection process and after completing all formalities, to publish the results within a period of one month from the date of receipt of a copy of this judgment.

Hence the Writ Appeal at the instance of the Union of India and others.

5. The learned Assistant Solicitor General appearing for the appellants contends that the directions in paragraph 25.4 of the common judgment are illegal and unconstitutional. The appellants could not take up the recruitment for the 243 and odd posts because of the directives issued by this Court. In compliance with the directions in the common judgment dated 07.04.2021, a few candidates were subjected to DME. The candidates found fully suitable and meritorious were appointed as part of a continuing selection process. The SSC has not taken up the vacancies in the notified posts for further WA Nos.1498/2022, 1808/2022, 1807/2022 and W.P.(C) Nos.4646/2022, 6955/2023, 19871/2022, 20313/2022, 26745/2022, 32204/2022, 36142/2022 selection as such inclusion and consideration of candidates from the merit list of 2018 would necessarily derail the selection process already completed, appointment orders issued, and training undergone by the successful candidates. The option for various posts, because adding the posts back to the common lot would disturb the vertical and horizontal reservation considered in the recruitment process already completed. The vacancies are taken up for completing the selection from the merit list; such a course of action would derail the entire selection process completed and concluded. Therefore, the directives in the judgment under appeal to fill all available vacancies, including that of Ex-Service Men under the notification dated 21.07.2018 as per the Rules, is impossible of performance. Secondly, such a course of action by the SSC will open up floodgates of the next round of litigation for the posts notified and earmarked for the State of Kerala. Firstly, WA Nos.1498/2022, 1808/2022, 1807/2022 and W.P.(C) Nos.4646/2022, 6955/2023, 19871/2022, 20313/2022, 26745/2022, 32204/2022, 36142/2022 it is argued that, regarding the settled position of law, namely that the State has the discretion to limit the appointments to less posts than what has been notified, is ignored by the common judgment under appeal. Now the direction issued compels the appellants to either redo the entire exercise or derail the completed selection process.

9.2 It is axiomatic that the interim order merges with the final order, and in the case on hand, the Writ Petitions were disposed of, and Writ Appeals filed against the judgment dated 07.04.2021 were dismissed. Therefore, the posts kept apart have been considered only for the petitioners in the first round of litigation. With the unsuccessful candidates in that batch, the cases of other meritorious candidates down the merit list are not considered for selection by the SSC. Therefore, from a plain appreciation of the sequence of events, we have no reason to observe that the petitioners have been denied objective, fair and lawful consideration because of setting apart 243 and odd posts on the appellants' statement WA Nos.1498/2022, 1808/2022, 1807/2022 and W.P.(C) Nos.4646/2022, 6955/2023, 19871/2022, 20313/2022, 26745/2022, 32204/2022, 36142/2022 through learned ASG and the interim order of this Court dated 20.01.2021. It cannot but be held that the petitioners in this batch are subjected to prejudicial non-consideration and, more so, behind the back of these petitioners. Therefore, the maxim actus curiae neminem gravabit is attracted to the Writ Appeals on hand. Hence, this Court, in the present round of litigation, remedies the injustice occasioned to these candidates, within the four corners of the law, without disturbing the selection process completed by the SSC.

11. The above discussion takes us to what are the posts for which, in the State of Kerala, the selection process was completed and what are the unfilled posts available without disturbing or deviating from the completed and concluded selection process, how the right of petitioners for fair consideration be protected?

11.1 To ascertain the total number of notified and filled- up posts and unfilled vacancies, we refer to the Memo filed by the appellants pursuant to our direction dated 22.03.2023, WA Nos.1498/2022, 1808/2022, 1807/2022 and W.P.(C) Nos.4646/2022, 6955/2023, 19871/2022, 20313/2022, 26745/2022, 32204/2022, 36142/2022 which reads as follows: