S S BALU Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Appellants herein are before us aggrieved by and dissatisfied with a judgment and order dated 5.10.2005 passed by a Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 53 of 2005 (A) and others whereby and whereunder the Writ Appeals preferred by the State of Kerala from a judgment and order dated 25.8.2004 passed by a learned single judge of the said Court in O.P. No. 28082 of 2002 and others were allowed.

(3.) Appellants herein pursuant to or in furtherance of a requisition made by the State of Kerala before the Kerala Public Service Commission (for short, "the Commission") applied for the post of Lower Primary/Upper Primary School Assistants. On 5.6.1997, the Commission prepared a rank list, which was in force from 5.6.1997 to 5.6.2000. Appellants' name figured therein. The vacancies, however, were not filled up. However, as no vacancy was filled up by the Deputy Director of Education, writ petitions were filed before the Kerala High Court praying for issuance of a writ of mandamus or any other writ or order directing the Deputy Director of Education to report all the vacancies to the Commission so as to enable it to advise the respective candidates pursuant whereto and in furtherance whereof the appointing authority may issue offers of appointment. It is stated that the appellants were parties therein.