OP(KAT) No.445 of 2020

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942** ## **OP(KAT).No.445 OF 2020** **AGAINST THE ORDER IN OA (EKM) NO.1072/2018 DATED 02-07-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (CAMP SITTING AT ERNAKULAM)** ## **PETITIONER:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE PRINCIPAL SECRETARY,**| ||**HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**DIRECTOR OF TECHNICAL EDUCATION,**| ||**THIRUVANANTHAPURAM-695 023.**| ||**SRI.B.VINOD, SR.GOVT.PLEADER**| |**RESPONDENTS**<br>**:**|| |**1**|**ANISHA JYOTHI A.S.**| ||**D/O. SURENDRAN A.I, AYATHUPARAMBIL HOUSE,**| ||**MARADU P.O, ERNAKULAM, MOB:-9846288023.**| |**2**|**JISHI K,**| ||**D/O. KRISHNAN NAIR, CHATHOTH HOUSE,**| ||**KOLLAM P.O, KOYILANDY VIA, KOZHIKODE.**| |**3**|**SIMI P.M,**| ||**D/O. MANI K.S, PEAREEKADU HOUSE,**| ||**EROOR WEST P.O, THRIPUNITHURA, ERNAKULAM.**| |**4**|**NISHA K.V,**| ||**D/O. LATE ACHUTHAN, KODIKKARANTAVIDA HOUSE,**| ||**CHORODU P.O, VATAKARA, KOZHIKODE.**| |**5**|**KEERALA STATE PUBLIC SERVICE COMMISSION,**| ||**REPRESENTED BY ITS SECRETARY, PATTOM P.O,**| ||**PATTOM, THIRUVANANTHAPURAM-695 004.**| ||**R1 - 4 BY SRI.C.K.SAJEEV,**| ||**R5 BY SRI.P.C.SASIDHARAN, SC, KPSC.**| **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT).No.445 OF 2020 2 ## **ALEXANDER THOMAS & T. R. RAVI, JJ.** ---------------------------------------------------- O.P.(KAT) No.445 of 2020 _[arising out of order dated 02.07.2020 in O.A. (Ekm) No.1072/2018 of K.A.T., EKM]_ ---------------------------------------------Dated this the 22[nd] day of February 2021 ## **JUDGMENT** ## **Alexander Thomas, J.** The prayers in the aforecaptioned original petition, filed under Articles 226 & 227 of the Constitution of India are as follows (see page No.16 of this paper book of this op):- _“.......to set aside Exhibit P10 order in OA (EKM) No.1072/18 on the files of the Kerala Administrative Tribunal, Additional Bench, Ernakulam by allowing this original petition.”_ 2. Heard Sri.B.Vinod, the learned Senior Government Pleader appearing for the petitioners (the State of Kerala & the Director of Technical Education (DTE)), in the original petition/respondents 1 & 2 in the original application, Sri.C.K.Sajeev, the learned counsel appearing for respondents 1 to 4 herein (the applicants in the original application before the Tribunal) and Sri.P.C. Sasidharan, the learned Standing Counsel for the Kerala Public Service Commission (KPSC) OP(KAT).No.445 OF 2020 3 appearing for the 5[th] respondent herein (the 3[rd] respondent in the original application). 3. The prayers in the instant Ext.P1 original application, O.A. (Ekm) No.1072/2018, filed by respondents 1 to 4 herein (the original applicants) before the Kerala Administrative Tribunal (KAT), Ernakulam Bench, are as follows:- (see page No.27 of this paper book):- - _“1) To direct the 2[nd] respondent to report the existing vacancies of the post of Assistant Instructor In Government Commercial Institute to the 3[rd] respondent without any delay._ - _2) To direct the 3[rd] respondent to appoint the applicants against the existing vacancies for the post of Assistant Instructor In Government Commercial Institute._ - _3) Issue any other orders, declaration or direction appropriate in the circumstances of the case.”_ 4. The Tribunal, as per the impugned Ext.P10 final order dated 02.07.2020 in O.A. (Ekm) No.1072/2018, has held that apart from the 5 vacancies which were reported by the appointing authority-the DTE, to the District officer of the KPSC during the currency of Anx.A1 rank list dated 20.12.2017 in the post of Assistant Instructor in Government Commercial Institutes, there are still further 10 more vacancies which were then found to be in existence in the abovesaid post and which have arisen before the date of amendment of the qualification in the Special Rules and also which are to be advised for OP(KAT).No.445 OF 2020 4 advising candidates in Anx.A1 rank list and that hence, accordingly, the appointing authority, DTE should report 10 more vacancies in the post of Assistant Instructor, Government Commercial Institutes to the District Officer of the KPSC, without any further delay at any rate, well before the expiry of Anx.A1 rank list dated 20.12.2017, which was current upto 19.12.2020. 5. It is this final order at Ext.P10 dated 02.07.2020, rendered by the Tribunal in the above O.A. that is under challenge in this original petition, filed by the State of Kerala and the DTE. 6. It is common ground that at the time of the issuance of Anx.A2 notification dated 15.07.2010, the qualification and method of appointment to the post of Instructor, Government Commercial Institutes under the Technical Education Department, had been governed by the Special Rules contained in G.O.(MS) No.783 dated 11.10.2016 and the said qualifications (see page Nos.1 & 2 of the counter affidavit dated 05.02.2021, filed by the respondent KPSC in this original petition) are as follows:- OP(KAT).No.445 OF 2020 5 _“1) minimum general education qualification of SSLC standard_ _2) Higher Degree MGTE or KGTE in English & Malayalam Typewriting and English & Malayalam Shorthand or Diploma in Secretarial Practice and Stenography of Government of Kerala 3) Desirable Experience in Teaching.”_ 7. It is on the basis of the said qualification issued as per the said G.O.(MS) No.783 dated 11.10.1960 that the competent authority of the respondent KPSC has issued the instant Anx.A2 selection notification dated 15.07.2010 for the post of Assistant Instructor, Government Commercial Institutes and the qualifications stipulated therein were in tune with the qualification prescribed in the abovesaid Rules issued in the Government Order dated 11.10.1960. 8. Further, it is also common ground that thereafter the competent authority of the Government has amended the Rules for the abovesaid post and has issued Ext.P20 Kerala Technical Education Subordinate Service Special Rules, 2012 as per G.O.(P) No.503/2012/HEdn. Dated 12.10.2012, published in Kerala Gazette dated 16.10.2012 and the said new statutory Rules have come into force prospectively from 12.10.2012. After the said amendment provisions the qualification for the post of Assistant Instructor, Government Commercial Institutes (see paragraph No.7 of page No.2 of the counter affidavit dated OP(KAT).No.445 OF 2020 6 05.02.2021, filed by the respondent KPSC in this original petition) are as follows:- _“1) Bachelors Degree in Commerce from any recognised University after undergoing regular institutional course of study. 2) Diploma in Secretarial Practice & Diploma in Shorthand & Typewriting awarded/recognised by Government of Kerala after undergoing 2 years of regular institutional course of study.”_ The said post (Assistant Instructor, Government Commercial Institute) is included as category No.6 given on internal page No.24 of Ext.P20 Special Rules (see page No.33 of the compilation accompanying I.A. No.1/2021, filed by the Government in the present OP (KAT) No.445/2020. 9. It is after the amendment of the Rules that the respondent, KPSC has finalised the rank list for the post of Assistant Instructor, Government Commercial Institutes with effect from 20.12.2017 based on the old qualifications prescribed, which governed at the time of the issuance of Anx.A2 selection notification. 10. It appears that at the time of coming into force of Anx.A1 rank list dated 20.12.2017, 5 vacancies for general recruitment, as in this case, covered by general recruitment, reported by the appointing authority was pending with the Public Service Commission inasmuch as Ext.P11/Ext.P24 OP(KAT).No.445 OF 2020 7 vacancy requisition report dated 13.08.2007 reporting 5 vacancies which have arisen at that relevant time was reported in 2007 and was pending at the time of the finalisation of Anx.A1 rank list dated 20.12.2017. It is also the common ground as is also discernible from paragraph No.5 on internal page No.2 of the counter affidavit dated 05.02.2021, filed by the KPSC in this original petition that the said 5 vacancies covered by Ext.P11/Ext.P24 dated 13.08.2017 was utilised for advising 4 candidates included in Anx.A1 rank list and 1 vacancy was in the NCA turn of SIUC (Nadar) and hence, altogether 4 candidates were actually advised from Anx.A1 rank list and 1 vacancy was thus set apart for NCA turn for SIUC (Nadar), also the said 5 vacancies which were pending at the time of issuance of Anx.A1 rank list dated 20.12.2017. 11. At the time of the final hearing of the original application before the Tribunal, the case of the original applicants was to the effect that apart from the abovesaid 5 vacancies covered by Ext.P11/Ext.P24 dated 13.08.2007, 10 more vacancies which have actually arisen before the qualifications were amended as per Ext.P20 with effect from OP(KAT).No.445 OF 2020 8 12.10.2012, and that the Tribunal should direct the appointing authority (DTE) to report 10 more vacancies in the abovesaid post to the KPSC well before the expiry of Anx.A1 rank list dated 20.12.2017, so that advise of the candidates involved in Anx.A1 rank list could be resorted to in accordance with the KPSC (Rules of Procedure). 12. The Tribunal, after hearing both sides, have rendered the impugned Ext.P10 final order dated 02.07.2020 in O.A. (Ekm) No.1072/2018 finding that 10 vacancies covered by Anxs.A5 to A15 produced in the O.A., have actually arisen before the qualifications were amended with effect from 12.10.2012 and which are in existence and not reported and hence should be reported by the DTE to the KPSC. (see paragraph No.21 of the impugned Ext.P10 final order rendered by the Tribunal in this case). 13. Thereafter, it appears that Anx.A1 rank list has expired on 19.12.2020, after running its maximal time currency life of 3 years as envisaged in the operative portion of Rule 13 of the Kerala Public Service Commission (Rules of Procedure) 14. The petitioners herein (State of Kerala) and the OP(KAT).No.445 OF 2020 9 Director of Technical Education (DTE), who are respondents 1 & 2 in the O.A., have filed the instant original petition on 17.12.2020, seeking the aforementioned prayers. 15. In pursuance to the directions issued by this Court the petitioners herein have filed an affidavit dated 08.02.2021 filed on 11.02.2021 along with additional documents as per Exts.P20 to 24 along with I.A. No.1/2021. 16. The case of the petitioners herein is to the effect that as per Ext.P11/Ext.P24 dated 13.08.2007, 5 vacancies in the abovesaid posts were duly reported long ago, which were pending at the time of finalisation of Anx.A1 rank list dated 20.12.2017 and that those 5 vacancies had been utilised for advice out of which 4 candidates have been actually advised and 1 vacancy has been set apart in the NCA (No Candidate Available) turn of SIUC (Nadar). 17. Going by the dictum laid down by the Full Bench of this Court in the celebrated case in _**Mohanan v. Director of Homeopathy**_ [2006 (3) KLT 64 (FB)], even if the qualifications to a post have been amended only with prospective effect, then candidates included in a rank list OP(KAT).No.445 OF 2020 10 finalised on the basis of the old qualifications stipulated in the old/previous rule, can at best have a legal right only to be advised as against the substantive vacancies, which have actually arisen before the commencement of the new rules which have prescribed the new qualifications. That in respect of the vacancies which have actually arisen on or after the commencement of the new rules prescribing the new qualifications, such vacancies can be utilised only by advising and appointing candidates included in a rank list that is prepared on the basis of a selection notification issued in consonance with the new qualifications. 18. Further, it is by now well settled going by the mandate contained in Rules 13 & 14 of the Kerala Public Service Commission (Rules of Procedure) that only those substantive vacancies which are actually reported by the appointing authority to the Public Service Commission on or before the expiry of the rank list alone could be utilised for advise of candidates in accordance with the law. That, in other words, the contention of the petitioners is that in view amendment of the qualifications as per Ext.P20, two conditions should be OP(KAT).No.445 OF 2020 11 satisfied for advising candidates included in the instant Anx.A1 rank list dated 20.12.2017, which has been prepared on the basis of the old qualifications stipulated in the old norms, viz., (i) that the substantive vacancies should have actually arisen before 12.10.2012 (the date of issuance of the new Special Rules as per Exts.P20), and (ii) that such substantive vacancies should actually be reported by the appointing authority to the KPSC, on or before 19.12.2020 (date of expiry of Anx.A1 rank list dated 20.12.2017). In the instant case it is pointed out that the finding of the Tribunal in paragraph No.21 of the impugned Ext.P10 final order that 10 more vacancies will satisfy the abovesaid condition and therefore should be reported by the appointing authority, based on Anxs.A5 to A15, etc. is not tenable and sustainable either in facts or in law, etc. It is pointed out that the abovesaid documents as per Anxs.A5 to A15 are only information collected in the course of Right to Information Act proceedings and may not have any strong probative value for determining the factual issues in a case like this as to whether the aforesaid two cardinal ingredients for advising candidates have been satisfied. Further it is pointed OP(KAT).No.445 OF 2020 12 out that the details of all the vacancies which have been reported so far had been given and in Exts.P21 to P24 produced along with I.A. No.1/2021. It is further pointed out that by Ext.P11/Ext.P24 dated 13.08.2007, 5 vacancies were reported and pending at the time of finalisation of Anx.A1 rank list dated 20.12.2017 and 4 candidates have been actually advised from the said rank list and 1 vacancy has been set apart in the NCA turn for SIUC (Nadar). Apart from that Ext.P21 vacancy requisition report dated 19.11.2020 (after the issuance of Ext.P7 final order of the Tribunal), was also duly reported by the appointing authority-the DTE to the KPSC and that Ext.P21 vacancy requisition report in the prescribed proforma would clearly show that there are 6 vacancies which have arisen on account of retirement vacancies and all those vacancies mentioned therein have arisen after the amendment made effective with effect from 12.10.2012 as can be seen from the requisite column therein. Further it is pointed out by the learned Senior Government Pleader that Ext.P12/Ext.P22 is vacancy requisition report dated 17.03.2018, issued by the appointing authority to the KPSC in which 8 vacancies have OP(KAT).No.445 OF 2020 13 been reported and that a mere perusal of that documents at Ext.P12/Ext.P22 would show that all the said 8 vacancies have arisen after the coming into force of Ext.P20 amended Rules dated 12.10.2012. Hence it is pointed out that both the 6 vacancies and 8 vacancies covered by Ext.P12/Ext.P22 & Ext.P11/Ext.P24, cannot be utilised for advising candidates in the instant Anx.A1 rank list inasmuch as all those vacancies have arisen after Ext.P20 amendment of the qualifications issued on 12.10.2012. It is also pointed out by the learned Government Pleader that Ext.P23 is yet another previous vacancy requisition report given in the year 1995 by the appointing authority to the KPSC reporting 4 vacancies set apart for special recruitment of schedule caste candidates under reservation of candidates belonging to Scheduled Tribes community for effectuating the provision contained in Rule 17A of KS & SSR Part II and that those vacancies covered by Ext.P23 cannot be, in any manner, utilised for the present Anx.A1 rank list issued on the basis of Anx.A2 notification, which is only for general recruitment in terms of Rules 14 to 17 of KS & SSR Part II and not by way of special recruitment as OP(KAT).No.445 OF 2020 14 envisaged in Rule 17A of KS & SSR Part II. Hence it is pointed out that after the rendering of Ext.P10 order dated 02.07.2020, issued by the Tribunal, 6 vacancies were reported as per Anx.P21, which have all arisen after the commencement of Ext.P20 amended Rules and even Ext.P12/Ext.P22 for 8 vacancies reported on 17.03.2018 are also vacancies which have arisen after the commencement of Ext.P20 amended Rules. Hence it is pointed out that the finding of the Tribunal that 10 more vacancies should be reported, is not tenable and that only 6 vacancies were available after the rendering of Ext.P10 final order dated 02.07.2020 and those 6 vacancies were reported on 19.11.2020 as per Ext.P21 and those vacancies can be set apart only for candidates included in a future rank list that has prepared on the basis of the amended Rules as per Ext.P20 dated 12.10.2012. 19. In that regard, the KPSC has also filed their counter affidavit dated 05.02.2021 in this original petition, wherein it has been stated that there appears to be a slight mistake or lacuna in the usage of one word in Ext.P20 Special Rules dealing with category No.6 thereof, inasmuch as the second OP(KAT).No.445 OF 2020 15 qualification which deals with technical qualifications of Diploma, it is stipulated that both Diploma in Secretarial Practice and Diploma in Shorthand and Typewriting, etc. should have been duly possessed by the candidate concerned, who is holding the said post and that the word 'and' appearing therein could be a lacuna and what is really meant would be only Diploma in Secretarial Practice or Diploma in Shorthand and Typewriting' and the KPSC has already addressed the competent authority of the State Government about the said lacuna in the Special Rules and have also advised them to take necessary remedial measures and that the KPSC has now may not be in a position to immediately issue a selection notification on the basis of Ext.P20 new Rules for the abovesaid posts in view of the abovesaid lacuna and immediately after the Government takes a decision on the abovesaid advice given by the KPSC for remedial action, the competent authority of the KPSC will set in motion the requisite selection notification inviting application from candidates possessing the new/higher qualifications prescribed in Ext.P20 Special Rules, as above. 20. The KPSC would also reiterate that only those OP(KAT).No.445 OF 2020 16 vacancies which have arisen before Ext.P20 new Rules and such of those vacancies which are reported before the expiry of the rank list dated 20.12.2017 alone could be subjected for advice and that now the rank list was expired on 19.12.2020 and that the 5 vacancy requisition report, which was pending at the time of Anx.A1 rank list dated 20.12.2017, has been already used for advice which resulted in advice of 4 candidates included in Anx.A1 rank list and 1 vacancy has been set apart in the SIUC (Nadar) turn, etc. 21. In the light of these aspects, the petitioners would contend that the directions issued by the Tribunal to advice and appoint 10 more candidates from Anx.A1 rank list, etc. is not tenable. 22. After hearing both sides, there cannot be any dispute that Anx.A1 rank list has now expired on 19.12.2020. Further, the aforementioned twin conditions regarding occurrence of vacancy before the coming into force of the new Rules and after reporting of vacancy before the expiry of the rank list on 19.12.2020, should be necessarily fulfilled in this case. Those twin conditions are satisfied in the case of OP(KAT).No.445 OF 2020 17 Ext.P11/Ext.P24 vacancy requisition report dated 13.08.2007 and necessary advice have already been made by the KPSC. The vacancies covered by Ext.P21 and Ext.P22 admittedly appears to have arisen after the commencement of Ext.P20 new Rules made effective from 12.10.2012 and further the vacancies covered by Ext.P23 are set apart exclusively for Scheduled Tribe candidates by special recruitment. 23. Hence, based on the available pleadings and materials in this regard, we are of the view that none of the vacancies other than those covered by Ext.P11/Ext.P24, more particularly those covered by Ext.P12/Ext.P22 & Ext.P23 could be utilised for advising candidates from the instant Anx.A1 rank list dated 20.12.2017 on account of the aspects mentioned hereinabove. 24. Sri.C.K. Sajeev, the learned counsel appearing for the original applicants/respondents 1 to 4 herein would point out that the Tribunal was convinced about the existence of 10 vacancies satisfying the abovesaid twin conditions, based on Anxs.A5 to A15 proceedings. Further that though the proceedings at Anxs.A5 to A15 are issued in the context of OP(KAT).No.445 OF 2020 18 RTI proceedings, the said aspects are also borne out from Ext.P13 to P19 documents, which are admittedly documents now produced by the petitioners herein in this original petition. Further, it is pointed out that Ext.P13 to P19 are all inter-office communications between one subordinate office of the DTE to the DTE, etc. and that some of the documents covered by Ext.P13 to P19 are also corroborated by Anxs.A5 to A15 and that a combined reading of Anxs.A5 to A15 and Exts.P13 to P19 would show that there are really existed 10 more vacancies in the post of Assistant Instructor, Government Commercial Institutes which have actually arisen before 12.10.2012 (date of Ext.P20 new Rules), and which were already in existence on or before the expiry of Anx.A1 rank list on 19.12.2020 and that the act of the respondents in not reporting the said 10 vacancies before the expiry of the rank list would amount to contempt of court in respect of the directions issued by the Tribunal at Ext.P10. Further that the respondents1 to 4 herein (original applicants) have already set in motion contempt of court proceedings as contempt petition arising out of Ext.P10 final order dated 02.07.2020 in O.A.(Ekm) No.1072/2018, and that OP(KAT).No.445 OF 2020 19 the said contempt petition is pending before the Kerala Administrative Tribunal, Ernakulam Bench, etc. This Court need to take decisions only on aspects which are raised and which are necessarily to be decided in this proceedings. We are of the view that based on the available pleadings and materials, the abovesaid twin requirements appears to be satisfied only in the case of Ext.P11/Ext.P24 vacancy requisition report dated 13.08.2007 for the said 5 vacancies and that the said twin requirements are not met in the case of either Ext.P21 or Ext.P12/ExtP22 or Ext.P23, as the case may be. Further, admittedly the rank list has expired on 19.12.2020 and hence this Court will not be in a position to issue any mandatory directions to the appointing authority to report any vacancies at this point of time, etc. However, the issue as to whether the 10 vacancies were really existence on the basis of the contention of the petitioners/original applicants as can be seen from Anxs.A5 to A15 and Exts.P13 to P19, etc. are matters on which no resolution or adjudication is required on our part since there is no necessity for us to decide these points. It is for the parties concerned to proceed as per law on all such issues in relation to OP(KAT).No.445 OF 2020 20 the contempt proceedings issued by the petitioners (original applicants), in the manner known to law. All contentions in this regard of both sides are left open to be raised and decided before the Tribunal, in the manner known to law. 25. Hence, we make it clear that there is no question of reporting any vacancies at this point of time for advising candidates included in Anx.A1 rank list inasmuch as the said rank list has expired as early as on 19.12.2020 and no other reported vacancies are pointed out before us which would fulfill the abovesaid twin criteria and which are now pending unadvised, etc. With these observations and directions and with the said liberty, the above original petition will stand disposed of. Sd/- ## **ALEXANDER THOMAS, JUDGE** Sd/- **T.R.RAVI, JUDGE** Skk//24032020 OP(KAT).No.445 OF 2020 21 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA(EKM) NO.1072/18 ALONG WITH ITS ANNEXURES ALONG WITH MA** **ANNEXURE A1 TRUE COPY OF THE RANK LIST DATED 20-12-2017 PUBLISHED BY THE 3RD RESPONDENT** - **ANNEXURE A2 TRUE COPY OF THE NOTIFICATION DATED 15-07-2010 ISSUED BY THE 3RD RESPONDENT** - **ANNEXURE A3 TRUE COPY OF THE NOTIFICATION GO(P) NO. 503/2012/H.EDN DATED 12-10-2012 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A4 TRUE COPY OF THE CIRCULAR DATED 18-12-2012 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE RESPONDENTS 1 TO 4** - **ANNEXURE A5 TRUE COPY OF THE REPLY DATED 03-07-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, KOILANDY** - **ANNEXURE A6 TRUE COPY OF THE REPLY DATED 27-08-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, NELLIPPALLY** - **ANNEXURE A7 TRUE COPY OF THE REPLY DATED 04-07-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, MANNANTHALA** **ANNEXURE A8 TRUE COPY OF THE REPLY DATED 20-06-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, MALA** OP(KAT).No.445 OF 2020 22 ## **ANNEXURE A9** **TRUE COPY OF THE REPLY DATED 18-06-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, NOORANI** - **ANNEXURE A10 TRUE COPY OF THE REPLY DATED 23-06-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, KALOOR** - **ANNEXURE A11 TRUE COPY OF THE REPLY DATED 05-07-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, POTHANIKKAD** - **ANNEXURE A12 TRUE COPY OF THE REPLY DATED 27-06-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, ETTUMANOOR** - **ANNEXURE 13 TRUE COPY OF THE REPLY DATED 03-06-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, ALAPPUZHA** - **ANNEXURE A14 TRUE COPY OF THE REPLY DATED 05-07-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, KANNAPURAM** - **ANNEXURE A15 TRUE COPY OF THE REPLY DATED 08-07-2018 ISSUED BY THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, MEENANGADI** - **EXHIBIT P4 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 09-03-2019 FILED BY THE RESPONDENTS.** - **ANNEXURE A16 TRUE COPY OF THE CIRCULAR NO. 23-11-2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 20-03-2019 FILED BY THE 2ND PETITIONER** OP(KAT).No.445 OF 2020 23 |**EXHIBIT P6**|**TRUE COPY OF THE ADDITIONAL REPLY**| |---|---| ||**STATEMENT DATED 04-06-2019 OF 2ND**| ||**PETITIONER**| |**ANNEXURE R2 A**|**TRUE COPY OF GO(MS) NO. 783 DATED**| ||**10-11-1960**| |**ANNEXURE R2(B)**|**TRUE COPY OF THE ORDER NO.**| ||**EB1/19595/2005(1) DATED 09-01-2007 OF**| ||**THE 2ND RESPONDENT**| |**ANNEXURE R2(C)**|**TRUE COPY OF THE ORDER NO.**| ||**EB1/19595/2005(1) DATED 25-04-2007 OF**| ||**THE 2ND RESPONDENT**| |**ANNEXURE R2(D)**|**TRUE COPY OF THE PROFORMA REPORTING**| ||**VACANCIES BY SENIOR JOINT DIRECTOR**| ||**(ES)**| |**ANNEXURE R2(E)**|**TRUE COPY OF COVERING LETTER DATED**| ||**13-08-2007 ALONG WITH PROFORMA**| ||**REPORTING VACANCIES ISSUED BY SENIOR**| ||**JOINT DIRECTOR (ECS)**| |**ANNEXURE R2(F)**|**TRUE COPY OF THE ORDER NO.**| ||**EB/36117/2004 DATED 18-01-2008 OF THE**| ||**2ND RESPONDENT**| |**ANNEXURE R2(G)**|**TRUE COPY OF THE ORDER NO.**| ||**EB1/10682/2004 DATED 06-02-2007 OF THE**| ||**2ND RESPONDENT.**| |**ANNEXURE R2(H)**|**TRUE COPY OF THE ORDER NO.**| ||**EB1/19905/2005 DATED 30-01-2007 OF 2ND**| ||**RESPONDENT.**| |**EXHIBIT P7**|**TRUE COPY OF ADDITIONAL REJOINDER**| ||**FILED BY THE RESPONDENTS 1 TO 4 DATED**| ||**14-06-2019**| |**EXHIBIT P8**|**TRUE COPY OF THE STATEMENT FILED ON**| ||**BEHALF OF THE 2ND PETITIONER.**| |**ANNEXURE R2(I)**|**TRUE COPY OF THE ORDER NO.**| ||**EB1/49193/2012 DATED 05-06-2013**| |**EXHIBIT P9**|**TRUE COPY OF THE ADDITIONAL REJOINDER**| ||**FILED BY THE RESPONDENTS 1 TO 4 DATED**| ||**19-03-2020**| OP(KAT).No.445 OF 2020 24 - **EXHIBIT P10 TRUE COPY OF THE ORDER IN OA (EKM) NO. 1072/2018 DATED 02-07-2020** - **EXHIBIT P11 TRUE COPY OF THE PROFORMA FOR REPORTING VACANCIES TO KPSC OF THE 2ND PETITIONER** - **EXHIBIT P12 TRUE COPY OF THE PROFORMA REPORTING VACNACIES TO KPSC OF 2ND PETITIONER** - **EXHIBIT P13 TRUE COPY OF THE LETTER OF THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, QUILANDY TO THE 2ND PETITIONER DATED 29-07-2020** - **EXHIBIT P14 TRUE COPY OF THE LETTER NO. CGIT/42/2020 OF THE SUPERINTENDENT, GOVERNMENT COMMEERCIAL INSTITUTE, MANNANTHALA TO THE 2ND PETITIONER DATED 29-07-2020** - **EXHIBIT P15 TRUE COPY OF THE LETTER NO. GCI(M)/36/2020 OF THE SUPERITNENDENT, GOVERNMENT COMMERCIAL INSTITUTE, MALA TO THE 2ND PETITIONER DATED 23-07-2020** - **EXHIBIT P16 TRUE COPY OF THE LETTER NO.GCI/62/2020 OF THE SUPEERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, NOORANI TO THE 2ND PETITIONER DATED 22-07-2020** - **EXHIBIT P17 TRUE COPY OF LETTER NO. GCIE/73/18 OF THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, ETTUMANOOR TO THE 2ND PETITIONER DATED 23-07-2020** - **EXHIBIT P18 TRUE COPY OF THE LETTER OF THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, KANNAPURAM** - **EXHIBIT P19 TRUE COPY OF THE LETTER NO. GC1 MIS/2020 OF THE SUPEERINTENDENT, GOVERNMENT COMMEERCIAL INSTITUTE, MEENANGADI TO THE 2ND PETITIONER DATED 24-07-2020** - **EXHIBIT P20 TRUE COPY OF THE G.O. (P) NO503/2012/H.EDN DATED 12.10.2012** OP(KAT).No.445 OF 2020 25 |**EXHIBIT P21**|**TRUE COPY OF THE PROFORMA OF REPORTING**| |---|---| ||**VACANCIES WITH PROFORMA ID 14017**| |**EXHIBIT P22**|**TRUE COPY OF THE PROFORMA WITH**| ||**COVERING LETTER EB1/3663/18/DTE**| |**EXHIBIT P23**|**TRUE COPY OF THE PROFORMA OF REPORTING**| ||**VACANCIES FOR 4 ST CANDIDATES.**| |**EXHIBIT P24**|**TRUE COPY OF THE PROFORMA WITH**| ||**COVERING LETTER DATED 13.8.2007**|