JANARDHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Although by separate judgments the claims raised by the petitioners in the respective Writ Petitions stand rejected, the appeals were jointly heard and are disposed of together. The appeals have come to be filed pointing out that the judgments require to be re-examined, especially in the light of certain precedents, which had been omitted to be noticed.

(2.) Petitioners in the Writ Petitions had responded to notifications issued by the Kerala Public Service Commission for selection and appointment to the post of Higher Secondary School Teachers (Junior) in different subjects. The facts, excepting in W.A.No. 2199 of 2005, are similar in all respects and we may advert to the pleadings in W.A.No. 2104 of 2005 for the purpose of discussions.

(3.) The appellants there were the petitioners in W.P.(C) No. 17364 of 2005. They had responded to the notifications and had come to be included in the supplementary list published by the Kerala Public Service Commission, arraying the names of Ezhava candidates, a notified 'Other Backward Community' . However, they were not conferred with appointments in the circumstance that the main list got exhausted, and in the above state of affairs it would not have been possible to advise candidates from the supplementary list. It was not disputed that during the pendency of the rank list, vacancies had been reported but the stand of the Public Service Commission is that such vacancies could be filled up only by candidates selected by a fresh process of selection, as it would not have been permissible for advising candidates from the supplementary list, after the last candidate in the main list stood advised for appointment.