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BERNAD KADATHUS, AGED 29 YEARS versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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BERNAD KADATHUS, AGED 29 YEARS v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 24515 of 2005(R) [2006] RD-KL 3498 (15 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24515 of 2005(R)

1. BERNAD KADATHUS, AGED 29 YEARS,
... Petitioner

2. MANIKUTTAN J.B. AGED 33 YEARS,

3. SHEFEEK K.H. AGED 28 YEARS, S/O.ISMAIL

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. THE PRINCIPAL AGRICULTURAL OFFICER,

3. THE PUBLIC SERVICE COMMISSION,

For Petitioner :SRI.M.SASINDRAN

For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :15/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 24515 OF 2005

Dated this the 15th day of December, 2006



J U D G M E N T

Petitioners are aggrieved since they are not appointed despite advice by the PSC. Once the PSC advises a candidate, the appointment cannot be refused on the ground that the vacancy does not subsist. However, it is open to the appointing authority to give a notional appointment and retrench the candidate for want of vacancies, so that the rights of such candidates are protected. The writ petition is disposed of with a direction to the appointing authority to do the needful in the light of the judgment, if not already done, within a period of two months from the date of production of a copy of this judgment by the petitioners.

KURIAN JOSEPH, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

15th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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