STATE OF KERALA Vs. MUHAMMED SHAH A

JUDGEMENT

(1.) This appeal is filed against the interim order dated 12th July 2006, passed by the learned Single Judge in WP(C) No.7181/2006. By the said interim order, the learned Judge directed the appellants to issue orders appointing eligible candidates from Ext.P3 ranked list to the available vacancies in the post of Lecturer in Arabic provisionally and subject to further orders to be passed in the writ petition. It is challenging the correctness of this order that the State of Kerala and the Director of Collegiate Education, respondents 1 and 2 in the writ petition, have come up in appeal.

(2.) The writ petition was filed by the respondents 1 to 4 herein seeking inter alia an order requiring the Kerala Public Service Commission, the third respondent in the writ petition, to advise the candidates from Ext.P3 ranklist forthwith. There are other substantial prayers sought in the writ petition which are not relevant for the disposal of this appeal and hence are not referred to by us. Respondents 1 to 4 had applied in response to Exhibit P1 vacancy notification issued by the Public Service Commission inviting applications for the post of Lecturer in Arabic. Being eligible candidates, they were considered for the post and in Ext.P3 ranklist that was eventually published by the Kerala Public Service Commission, they were assigned rank numbers 23, 52, 17 and 13 respectively. They filed the writ petition complaining that despite their inclusion in the ranklist and the availability of vacancies, they were not advised for appointment. According to them the State Government was awaiting amendment to Rule 14 and 15 of the Kerala State and Subordinate Services Rules (K.S. & S.S.R).

(3.) The learned Single Judge, took note of the circumstance that admittedly the aforesaid respondents were included in the ranklist and that if a fresh selection of candidates belonging to other communities with requisite qualification in Arabic is to be made, there is going to be an inevitable delay leading to a situation where the vacancies will remain unfilled for a long time. In addition to this, the fact that in the meanwhile the list itself might expire, resulting in respondents 1 to 4 loosing all chances of appointment was also taken note of. The learned Single Judge, in the peculiar facts of the case, passed the aforesaid order directing that orders appointing eligible candidates from the ranked list to be issued against available vacancies on a provisional basis and that too subject to the result of the writ petition.