IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 35531 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. SINI.P.R,D/O.P.K.RAVINDRAN, PALUVALAPPIL HOUSE,PO M.G.KAVU, PIN 680 581, THRISSUR DISTRICT. 2. PRASEEDA.K, W/O.SHINOY P.R, POOVATHUMKADAVIL HOUSE,PO PANANGAD, THRISSUR DISTRICT, PIN 680 665. 3. LEKHA.T.G,W/O.,VINOD KUMAR.K, KEERTHANA, KEERAMKULANGARA,THRISSUR 680 005. 4. CHITHRAPRABHA.V.P, W/O.DR.PRAVEEN B.- VISWAM, 'KOKILA',THRIVENI GARDENS,CALVARY ROAD, POOTHOLE PO, WEST FORT,THRISSUR 680 004. 5. PRIYA ASHOK.P, PAKKATH HOUSE, WEST MANGAD PO,K PAZHANJI VIA,THRISSUR DISTRICT, PIN 680 542. 6. REKHA.A,AYINIPILLY HOUSE, PUTHANPALLY HOUSE, GURUVARYOOR, THRISSUR 680 103. 7. SREEVIDHYA S.MARAR. IVIYA,ANCHERY, THRISSUR 680 006. 8. PRIYA.T.M, MOOLEPAT HOUSE, KANJIRATHINGAL, KATTAKAMPAL PO,PIN 680 544. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA , REP.BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRETARY,KERALA PUBLIC SERVICE COMMISSION,PATTOM,THIRUVANANTHAPURAM 695 004. WPC 35531/2010 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR 680 001. 4. DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,THRISSUR 680 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- W.P.(C).No.35531 of 2010 ------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT The petitioners are candidates for the post of H.S.A. (Natural Science) in Thrissur District, having been included in Exhibit P1 ranked list which came into force on 11.6.2009. The grievance of the petitioners is that though substantive vacancies exist in various schools, the vacancies are not being reported promptly. On the basis of information gathered by the petitioners under the Right to Information Act, they have stated in paragraph 4 of the Writ Petition that 13 vacancies exist in the 12 schools mentioned therein. It is also stated in the Writ Petition that though some of the vacancies were filled up by by-transfer appointment, position would not change as the resultant vacancies would arise in the schools from which those persons were transferred. The petitioners also stated that the vacancies of H.S.A.s are likely to arise on account of WPC 35531/2010 2 the appointment of some of the H.S.A.s as H.S.S.T.s. In support of the contention that the vacancies were not promptly reported to the Kerala Public Service Commission, the petitioners pointed out that various advertisements appeared in the newspaper for appointing teachers on daily wage basis. Exhibit P3 is a copy of several such advertisements issued on various dates. 2. The prayer in the Writ Petition is to issue a writ of mandamus directing the third respondent to report 25 substantive vacancies of H.S.A. (Natural Science) to the Public Service Commission. 3. The learned Government Pleader, on instructions, submitted that all the vacancies mentioned in paragraph 4 of the Writ Petition do not exist. It is submitted that in G.H.S.S., Erumapetty, only one vacancy exists. Similarly, the vacancies in G.H.S.S., Kodavallur and G.B.H.S.S., Vadakancherry were filled up. The learned Government Pleader submitted that at present, WPC 35531/2010 3 there are only 10 vacancies out of which three vacancies are reserved for inter district transfer, one vacancy is reserved for promotion of PD teacher and another one vacancy is reserved for by transfer appointment. The balance five vacancies were reported to the Public Service Commission. It is also submitted by the learned Government Pleader that the total cadre strength is 112. The quota reserved for PSC recruitees would come to 56 whereas 81 candidates belonging to that category are working in various schools. 4. In the light of the submissions made by the learned Government Pleader, I do not think that the reliefs as prayed for by the petitioners can be granted at this stage. At the same time, the petitioners would be entitled to approach the Deputy Director of Education, Thrissur and submit a representation pointing out the vacancies which exist, in which case the Deputy Director shall consider the same and if vacancies exist, the Deputy Director shall report the same to the Kerala Public Service WPC 35531/2010 4 Commission without delay. The petitioners also would be entitled to a personal hearing before the Deputy Director of Education and on such request being made, they shall be heard by the Deputy Director. K.T.SANKARAN JUDGE csl