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Judgment
T.R. Ramachandran Nair, J.—This Writ Petition is filed by the Petitioners, who are included in the ranked list for appointment to the post of HSST (Economics). The true copy of the ranked list has been produced as Exhibit P1. The Petitioners are rank Nos. 291, 296 and 293 in the said list. The main prayer in the Writ Petition is for a direction to Respondents 1 and 2 to report 150 vacancies of HSS Ts(Senior)Economics to the 3rd Respondent-Public Service Commission(''PSC'' for short) within a time frame.
By interim order dated 2.3.2010, this Court directed the 2nd Respondent to report 100 vacancies provisionally to the PSC with a rider that the PSC shall not make advice to those vacancies without obtaining orders from this Court. Thereafter, the 2nd Respondent filed a counter affidavit and the Petitioners have filed detailed reply affidavits producing various materials.
The case of the Petitioners is that the cadre strength originally was 797. They have also produced materials to show that another 171 (i.e., 148+23)vacancies have also arisen during the currency of the ranked list. The Petitioners are relying upon various materials in support of the above. In the last of the counter affidavit filed by the 2nd Respondent, various details have been given with respect to number of vacancies. Mainly it is claimed that the ratio 1:3 cannot be applied to cadre strength but can be applied only to the vacancies.
The learned Senior Counsel Shri Abraham Vakkanal submitted that even if the case is that only 797 vacancies were there, then also 100 vacancies can be filled up from the ranked list and the learned Senior Counsel relies upon various materials in support of the above plea.
In view of the above disputed aspects, it is only proper that the Government takes a decision in the matter, after hearing the Petitioners and after taking the views of the 2nd Respondent.
The Writ Petition is hence disposed of directing the 1st Respondent-Government to take a decision after assessing the materials produced by the Petitioners as well as the Department to find out the number of vacancies which were liable to be filled up during the currency of the ranked list. If it is found ultimately that vacancies are remaining to be filled up from direct recruits, the vacancies of the ranked list herein directed to be reported by this Court as per the interim order will be utilised for filling up such vacancies.
In that view of the matter, appropriate decision will be taken after hearing the parties within a period of two months from the date of receipt of a copy of this judgment. The decision will be communicated to the Petitioners also. The Petitioners will file a detailed representation before the 1st Respondent showing the claims regarding vacancies as well as the supporting materials within a period of three weeks.
The Writ Petition is disposed of as above. No costs.