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2019 Supreme(Ker) 404

V.CHITAMBARESH, ASHOK MENON
Revathy V. S – Appellant
Versus
Kerala Public Service Commission Represented By Its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ELVIN PETER P.J., SRI.K.R.GANESH

JUDGMENT :

Chitambaresh, J.

The recruitment is to the post of Laboratory Technical Assistant -Agriculture (Nursery Management and Oriental Gardening) in the Kerala Vocational Higher Secondary Education Department. The candidate having rank No.14 in the ranked list published by the Kerala Public Service Commission did not join duty as she got employment in the Agriculture Department. The candidate having rank No.15 also did not join duty as he had relinquished his claim for appointment in the requisite proforma which was accepted by the Kerala Public Service Commission.

2. The State Government at that point of time halted filling up of further vacancies till the implementation of the National Skill Qualification Frame Work in the Vocational Higher Secondary Schools. The ban order of the State can operate only in regard to filling up of future vacancies and not to the vacancies to which the candidates have already been advised for appointment. The order dated 09.05.2018 of the Education Department intimating the ban comes long after 19.03.2018 and 10.04.2018 which were the dates of reporting of vacancies and advise.

3. The following observations in Indian Bank v. Jayasree [1998 (2) KLT 4







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