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BERNAD KADATHUS, AGED 29 YEARS v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 24515 of 2005(R)  RD-KL 3498 (15 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 24515 of 2005(R)
1. BERNAD KADATHUS, AGED 29 YEARS,
2. MANIKUTTAN J.B. AGED 33 YEARS,
3. SHEFEEK K.H. AGED 28 YEARS, S/O.ISMAIL
1. STATE OF KERALA, REPRESENTED BY THE
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
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, JUDGEvps
KURIAN JOSEPH, JUDGEOP NO.
15th DECEMBER, 2006
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