IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11648 of 2010(E) -------------------------- PETITIONER(S): --------------- RAVINDRAN PULIKKAPARAMBIL, PEON, GOVERNMENT U.P.SCHOOL, VEKKAALAM, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. BY ADV. SRI. ALEXANDER THOMAS, S.C. GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 11648 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of April, 2010. J U D G M E N T The petitioner is working as a Peon in a Government U.P. School. He claims to be qualified to be promoted as HSA (Physical Science). As per the Special Rules applicable, 10% of the vacancies are reserved to be filled up by appointment by transfer from ministerial staff of the Education Department . The petitioner seeks a direction to the Public Service Commission to issue a notification for selection to the vacancies earmarked for appointment by transfer from qualified ministerial staff in Education Department. The petitioner's request in this regard met with Ext. P9 rejection from the Public Service Commission. The petitioner challenges Ext. P9. 2. I have heard the learned counsel for the petitioner as well as the learned standing counsel for the Public Service Commission. 3. As is clear from Ext. P9, on 30-4-2008, a notification has already been issued by the Public Service Commission inviting applications for selection to the post of HSA from open merit candidates as well as for by-transfer appointment from ministerial staff of the Education Department. In fact, that is admitted by the petitioner in the writ petition itself. The selection pursuant to that notification is in progress. In such circumstances, I do not think that this Court can direct the Public Service Commission to issue another notification inviting applications for by-transfer appointment now. That being so, the petitioner is not entitled to the relief prayed for in this writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.