- (1.) This appeal has been filed by the appellant against the judgment and order dated 14.03.2008 passed by High Court of Kerala at Ernakulam by which writ appeal, filed by the appellant, has been dismissed.
(2.) The Kerala Public Service Commission pursuant to a written examination conducted in 1999 published a rank list on 28.03.2001 for the post of High School Assistant (Physical Science) to Kozhikode District. After due process of selection, the rank list was brought into force w.e.f. 28.03.2001. The appellant was included in the rank list with Rank No.18 in the supplementary list meant for Ezhava Community (OBC). The rank list admittedly expired on 28.03.2004 i.e. after running its maximum normal period of 3 years. However, rank list was extended for six months. In the meantime, the appointment of teachers in schools owned by the Grama Panchayaths was brought under the purview of Public Service Commission. The Commission decided to fill up the vacancies reported by the panchayath schools from the above rank list. The Secretary, Maniyur Gramna Panchayath reported one vacancy for the post of High School Assistant on 27.03.2004. The District Officer, Kozhikode had advised the appellant for appointment to the post on 15.12.2004. The District Officer, Kozhikode had issued a notification in local newspaper on 14.09.2004 directing the candidates included in the rank for the post of High School Assistant (Physical Science) to express their willingness to be considered against the vacancies reported from Grama Panchayath Schools before 30.09.2004. Although, no individual notices were given to the candidates in the rank list. The appellant expressed her willingness for appointment. Appointment order was issued by the Manager Maniyoor Panchayath, Secondary School appointing the appellant as High School Assistant (Physical Science) on 12.01.2005. The appellant joined the school. She was served with a show cause notice on 30.08.2005 calling upon her to show cause why the advise could not been cancelled. The show cause notice mentioned about some irregularity in obtaining consent for appointment in Panchayath Schools. The appellant submitted her reply, but rejecting her contention, her advise was cancelled by Public Service Commission by communication dated 17.11.2005. Based on the cancellation advise, Panchayath terminated her service by proceeding dated 01.12.2005. The writ petition was filed challenging the cancellation of the advise & termination of her services.
(3.) The writ petition was dismissed by learned Single Judge vide its judgment dated 22.11.2006 against which the writ appeal was filed. The writ appeal having been dismissed, the appellant has come up in this appeal.;