The select list remains valid for all reported vacancies until duties prescribed by law are fulfilled, despite initial notifications stating otherwise.

JUDGMENT

1.This writ petition is filed seeking the following reliefs:-

“(i) to issue a writ of certiorari or any other writ, order or direction calling for the records leading to Exhibit P3 and quash the same to the extent it advises Sixth Respondent whose advice is beyond the scope of in Exhibit P1.

(ii)to issue a writ order or direction declaring that the ranked list Exhibit P2 has expired and cancelled after the filling up of four vacancies covered under Exhibit P1.

iii)to issue a writ of certiorari or any other writ order or direction calling for the records leading to Exhibit P5 and quash the same as it is beyond the scope of Exhibit P1.

iv)to issue a writ of mandamus any other writ order or direction directing the respondents to revoke the appointment of Sixth respondent and all the appointments made in pursuance to Exhibit P5.”

2.Heard the learned counsel for the petitioner, learned Government Pleader, the learned counsel appearing for respondents 2 and 3 and the learned counsel appearing for the 4th respondent as well as the learned counsel appearing for respondents 7 to 13.

3.This writ petition is filed by a person, who is presently employed as Kazhakam in Pallam Chathannoor temple in Thiruvilwamala Group under the Cochin Devaswom Board. The Devaswom Recruitment Board had invited applications for the post of L.D.Clerks/Junior Devaswom Officer/ Devaswom Assistant on 18.12.2019 by Exhibit P1. It is submitted that the notification was specifically for appointment to the post By transfer from regular temple employees in the temples under the Board. Exhibit P1 specifically stated that the number of vacancies were four and that the list would expire on advice being issued for the four vacancies. It was also stated in Exhibit P1 that only persons, who obtained 40% marks in the Common Objective Test being conducted by the Recruitment Board would be eligible for inclusion in the list. It is submitted that Common Objective Test for appointment By transfer and by direct recruitment was conducted on 5.12.2021. Thereafter, Exhibit P2 select list was published on 11.04.2022 containing the names of 11 persons. It is contended that respondents 11 to 13, whose names are included in the select list did not have

40% marks in the objective tests, but they had also been included in the list. It is submitted that appointments were made from Exhibit P2 select list as evident from Exhibit P3 and the date of last advice was 30.4.2022. Four advices were made from Exhibit P2 select list. After advising the four persons from Exhibit P2 list, further advice were sought to be made from the list, which prompted the filing of this writ petition. It is submitted that the petitioner is a permanent temple employee who has completed probation and if the by- transfer appointment are notified now, he would have a right to submit an application for appointment By transfer and that his rights are being defeated by the illegal act of the respondents in making advices from a list which was prepared specifically for filling up only a four reported vacancies.

4.A statement has been filed by the 4th respondent the Kerala Devaswom Recruitment Board. It is stated therein that the Cochin Devaswom Board had reported 30 vacancies for the post of LDC/Junior Devaswom Officer/Devaswom Assistant by direct recruitment and four vacancies By-transfer. Accordingly, the Recruitment Board notified the posts for direct recruitment and By transfer on 18.12.2019 as Category No.3/19 and 4/19 respectively. It is further submitted that a common OMR test was conducted on 5.12.2021 and a list of candidates who had secured 40% marks was published on 26.6.2022. 19 candidates were included in the Probability list in the By transfer category. Exhibit P2 list was published on 11.4.2022 containing the names of 11 persons found eligible. It is submitted at paragraph 5 as follows:-

“5. The allegation of the petitioner that candidates who have secured below 40% of marks included in the Rank List for By