IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 6248 of 2008(R) ------------------------------- PETITIONER: ------------- 1. SHYLAJA C.K., W/O.SIVADASAN, CHERAKKUNNUMMAL HOUSE, NANMINDA P.O., NANMINDA, KOZHIKODE DISTRICT, PIN 673 613. 2. MAHIJA.M, W/O.SREEJITH.K., MAPPOLY HOUSE, KADALUNDI P.O., KOZHIKODE DISTRICT, PIN 673 302. 3. SADAN PATHIYIL, PANAKKAL HOUSE, KANNAMANGALAM WEST P.O., A.R.NAGAR VIA, MALAPPURAM DISTRICT, PIN 676 305. 4. SHEEBA T.P., W/O.RAVEENDRANATHAN.P.T., 'MONALISA', CHEEDIKKUZHI (H), EDAVANNAPPARA, MALAPPURAM DISTRICT, PIN 673 645. BY ADV. SRI.P.J.MATHEW RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM-4. R1 TO R3 BY GOVT PLEADER FOR R1 TO 3 R4 BY ADV.SRI DEVAN RAMACHANDRAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. T. SANKARAN, J. ---------------------------------------------------- W.P.C. No 6248 of 2008 - R ---------------------------------------------------- Dated this the 5th June 2008 JUDGMENT The petitioners state that they are included in the rank list published by the Public Service Commission for the post of High School Assistant (Malayalam) in Kozhikode district and the list is to expire on 29.06.2008. According to the petitioners, as on 31.03.2008 thirteen retirement vacancies of H.S.A (Malayalam) were available in Kozhikode district. The prayer in this writ petition is for the issue of a writ of mandamus commanding the third respondent - Deputy Director of Education, Kozhikode to report the vacancies of H.S.A. (Malayalam) to the Public Service Commission forthwith. The third respondent has filed a counter affidavit wherein it is stated as follows: “During the academic year 2007-08 cadre strength of H.S.A (Malayalam) in Kozhikode district is 259 as on 01.03.2008. 141 P.S.C appointees, 43 inter-district transferors, 72 promotees are at present working in Kozhikode district. There will be 13 retirement vacancy and 1 H.S.S.T WPC 6248/08 2 promotion vacancy as on 01.04.2008. Three protected teachers are working. Three vacancies already reported to Public Service Commission set apart for promotion from feeder category. According to G.O. (Ms) No 139/96/G. Edn dated 30.03.1996 the ratio for each category is specified as 30:30:30:10. 30% vacancies are set apart for P.S.C candidates, 30% to promotion, 30% inter-district transfer, and 10% vacancies are issued for giving promotion to ministerial category. Direct recruitments through Public Service Commission are excess. Aspiration from other category are available. The Deputy Director of Education is bound to follow the ratio of percentage as per Rule.” 2. In view of the facts disclosed in the counter affidavit, I am of the view that the petitioners are not entitled to the reliefs prayed for in this writ petition. The writ petition is accordingly dismissed. 3. The petitioners submit that there would be vacancies after the staff fixation for the academic year 2008-2009 and that dismissal of this writ petition shall not stand in the way of the third respondent reporting the vacancies, which may arise on account of the staff fixation, to the Public Service WPC 6248/08 3 Commission. It is made clear that dismissal of this writ petition would not affect any of the rights of the petitioners which they are otherwise entitled to; nor would it preclude the third respondent from acting in accordance with law. S K.T. SANKARAN Judge 05/06/2008 en [TRUE COPY]