IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 13745 of 2006(J) ------------------------------------- PETITIONER(S): ---------------------- 1. ABDUSSALAM V.V. VANNATHAN VEETTIL, P.O.CHERUVANCHERRI, KANNUR DISTRICT. 2. ASHA.M. MOONJANATTU HOUSE, KATTAYAD P.O. MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): ---------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA, WAYANAD DISTRICT. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KALPETTA, WAYANAD DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, KALPETTA. WAYANAD DISTRICT. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD FOR R.1,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13745/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RANKED LIST DT. 15.6.05 ISSUED BYTHE 2ND RESPONDENT IN RESPECT OF has SOCIAL STUDIES. P2:- COPY OF THE LIST OF HIGH SCHOOLS AND HIGHER SECONDARY SCHOOLS IN WAYANAD DISTRICT. /TRUE COPY/ P.S. TO JUDGE tss A.K.BASHEER, J ------------------------------------------------------ W.P.(C) Nos.13745, 27462, 25523 & 26289 of 2006 and 3948, 5282, 7749, 8371, 9296, 9651, 12613, 16001, 17234, 17985, 18015, 18625, 18722, 19625, 19976, 21469, 22136, 25339 of 2007 ---------------------------------------------------- Dated this the 21st day of August, 2007 ORDER Crores of writ petitions have been filing almost every day at the instance of applicants to the teaching post in the Primary Schools, High Schools, Higher Secondary Schools etc. and also by teachers seeking promotion to the higher categories. One common factor which has been generally noticed in all these cases is that the Department never comes out with the actual position of the vacancies in their respective districts, sub districts and divisions as the case may be. Similarly the candidates who are enlisted in the various ranked lists published by the Kerala Public Service Commission have also been filing a large number of writ petitions complaining that available vacancies are not being reported by the Department to the Commission as and when such vacancies arise. Another grievance which has come up from all quarters concerned is that heads of every institutions are engaging guest teachers according to their whims and fancies. In some cases the department has pretended ignorance about such engagement. I do not propose to refer to any particular educational district at this stage, nor am I deal with individual grievances of hundreds and thousands of petitioners who are filing W.P.(C) No.13745/2006 & Con. cases -2- petitions before this court with identical complaints. One thing I have noticed is that the department is not apparently showing the kind of anxiety, which one would expect under normal circumstances to ensure that things are done properly. In some cases it has been noticed that the Departmental Officers concerned has filed contradictory affidavits at an earlier point of time. The Department took the view that they were not liable to be reported when coming at the later stage. Either the same officer or his successor has placed on record another affidavit with totally contradictory contradictions. All these contradictions can be avoided if a methodology is evolved, by which the vacancy position in the district or sub district or division concerned is maintained and is notified regularly. 2. I do not propose to deal with the intricate issues in this regard at this stage. But nevertheless when such irregularities were noticed, I think it fit to request the Bar to suggest some modalities so that general directions can be issued to streamline the entire process. It has now been noticed, the Government have addressed the issue in 2006. The Director of Public Instructions is seen to have been issued a Circular bearing No.A1-25598/06/DPI Dated April 27, 2006, marked as Ext.P5. In the reference it can be seen that large number of Govt. Orders and circulars are issued from time to time. It is not necessary to refer to the various clauses contained in the above circular. The Director had requested to all the Deputy Directors of Education to follow the directions in the circular. It W.P.(C) No.13745/2006 & Con. cases -3- is further indicated in the circular that any violation would be viewed strictly and action would be initiated against the erring officials. In spite of the above circular, things have remained as what they were and even today the situation is much worse. It is seen communicated in the circular that vacancy registers should be maintained containing the details of the vacancies and the mode in which the vacancies arose and the date of occurrence of vacancies should be reported to the commission promptly. Similarly it is also been stipulated that No Objection Certificate from the Commission should be obtained before filling up of temporary vacancies through Employment Exchange. I am not referring to the various other clauses at this stage. Suffice it to say that the Director of Public Instructions in his wisdom thought it prompt to issue circular way back in April 2006. The Director had not bothered obviously to take any follow up action. 3. Sri.Jaju Babu counsel for one of the writ petitioners submits that one Deputy Director (Edn.) had an audacity to take the view that the office circular refers only to 2005-06 and 2006-07 only. In the facts and circumstances of the case I am not satisfied with any part the directions issued by the director in the circular mentioned above. I am of the view that the following have to be issued. 4. The Deputy Directors (Edn.) of all districts shall publish a list containing details like the cadre strength in each category/cadre, number of W.P.(C) No.13745/2006 & Con. cases -4- vacancies available, number of teachers appointed under different methods, recruitments like direct recruitment, inter district transfer, by transfer, promotion etc. The list shall be published twice in an year at least the first of which shall be on or before September 15 of the academic year. The Director shall ensure that the list is published by the Deputy Directors (Edn.) on the notice boards without fail and that such lists are made available to his office by the subordinate so that the Directorate can keep tract all the vacancies which arise in the districts in the State. In these days of computer literacy, it may not be difficult for them to do the same. In the event of any irregularities in any districts concerned, it can be got rectified by direct intervention. 5. It is seen that some of the Heads of Institutions are engaging Guest Teacher without obtaining permission from any of the authorities concerned. In the circular it is mentioned that such temporary vacancies shall be filled up after consultation with Employment Exchange and after obtaining NOC from the Commission. But it has come to the notice of this court that heads of institutions are not obtaining such NOCs from the Commission. This practice should be stopped. It must be ensured that the heads of institutions should be instructed to obtain orders from the Deputy Director (Edn.) concerned, so that the list to be published shall contain the number of Guest Teachers, if any appointed in the district at any point of time. It shall also be ensured that seniority list of teachers working in W.P.(C) No.13745/2006 & Con. cases -5- different feeder categories eligible for promotion under the departmental quota are also updated by 30th of April of every academic year. 6. The Director shall ensure that a copy of the order is circulated to all subordinate officers in the entire state within four weeks from the date of receipt of the same with strict instructions to comply with the directions contained therein and to publish the list as directed on the Notice Board. An action taken report shall be filed on or before October 15, 2007. It shall also be ensured that existing vacancies under the various categories are reported to the commission forthwith. A.K.BASHEER, JUDGE jp