IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 14774 of 2011(V) -------------------------- PETITIONER(S): --------------- 1. CHANDRASEKHARAN.M., AGED 35, S/O.SUBRAMANIAN, MANAKKALATHODI, PUNJAPPADAM, PALAKKAD DISTRICT. 2. GOPAKUMAR, S/O.KRISHNAN, NALITHINMAR HOUSE, THENKARA P.O., MANNARKKAD, PALAKKAD DISTRICT. 3. SHABEER.N.V., NELLIKKAVATTAYIL HOUSE, CHENKARELI, MANNAKKAR, PALAKKAD DISTRICT. 4. MUBASSIR.K.P., K.P.HOUSE, MUTHANNUR, KAVANOOR P.O., MALAPPURAM DISTRICT. 5. VIKAS.M, MELEYIL HOUSE, SHREYAS, VALLIKUNNAM P.O., KADALUNDI, VIA MALAPPURAM. 6. BINDU.K., CEEPY HOUSE, ANOOR, PALAKUNNU, KARIVALLUR P.O., KANNUR DISTRICT. 7. SMITHA.R., ALANGATTU HOUSE, KINAVALLUR P.O., PARALI, PALAKKAD DISTRICT. 8. SUBRAMANIAN.M., MUNDANMARIL, KUTTIPPURAM, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMNET, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. ELDHO T.JOSEPH, THANNIKKOTTU HOUSE, KAYARADI P.O., OLIPPARA, PALAKKAD DISTRICT. ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R1 & 2 GOVT.PLEADER SMT.M.T.SHEEBA FOR R3 & R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.14774/2011 APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF GAZETTE NOTIFICATION DATED 11/9/2006 FOR POST, CATEGORY NO.62/06 ISSUED BY THE PUBLIC SERVICE COMMISSION. P2: COPY OF RANK LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION FOR THE POST OF PHYSICAL EDUCATION TEACHER (HIGH SCHOOLS). P3: COPY OF RANK LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION FOR THE POST OF PHYSICAL EDUCATION TEACHER IN U.P. SCHOOLS. P4: COPY OF INFORMATION RECEIVED FROM THE HEADMASTER, GOVERNMENT HIGH SCHOOL, MUTHALAMADA. P5: COPY OF COMMUNICATION DATED 6/6/2009 ISSUED BY HEADMASTER, GOVERNMENT HIGH SCHOOL, OTTAPPALAM EAST. P6: COPY OF COMMUNICATION ISSUED BY THE HEADMISTRESS, GOVERNMENT TRIBAL WOMEN'S HIGH SCHOOL, ANAKKAL, MALAMPUZHA. P7: COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT S.T.DEVELOPMENT OFFICER, PALAKKAD DATE 16/6/2011. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14774 of 2011-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2011. JUDGMENT In this writ petition, the petitioners are seeking for a direction to the Deputy Director of Education, Palakkad to report all the vacancies of Physical Education Teachers available in the High School sections of various Government schools to the Public Service Commission. Consequential directions have been sought against the Public Service Commission. 2. The ranked list Ext.P2 was published on 10.12.2008 and the period of validity will be expiring on 9.12.2011. In the writ petition, the petitioners have pointed out various vacancies. 3. When the writ petition came up for hearing on 13.6.2011, learned Govt. Pleader submitted that there is only one vacancy to be reported which will be reported within one month. It is submitted that the said vacancy has been reported and consequently the fifth petitioner has been appointed. In the affidavit filed in support of I.A. No.12855/2011 the petitioners have pointed out various vacancies. In answer to the same, the third respondent has filed a statement. In respect of the vacancies pointed wpc 14774/2011 2 out by the petitioners in Model Residential Schools, what is averred is that the appointment in the said schools does not come under the purview of the Deputy Director of Education and the same is exclusively being done by the Scheduled Tribe Development Department. Dispute has also raised with regard to the vacancies claimed by the petitioners in Panchayat schools. 4. Therefore, there is no agreement between the parties as far as the existence of vacancies are concerned. In that view of the matter, learned counsel for the petitioners prayed that a direction may be issued to the Government to consider the various aspects, especially in the light of the fact that vacancies in Model Residential Schools coming under the Scheduled Tribe Development Department will have to be reported by the District Collectors concerned. 5. In the above view of the matter, the petitioners will file a detailed representations before the Government along with a copy of this judgment and the same will be considered after notice to the first petitioner, within a period of six weeks. The available vacancies, if found as existing, will be reported before the expiry of the ranked list. The writ petition is accordingly disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/