IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 21137 of 2007(N) -------------------------- PETITIONER: ------------ 1. UMMER C., S/O. KUNHABDU, CHETTI THODI HOUSE, KULUKKALLUR P.O., SHORNOR, PALAKKAD DIST. 2. SATHEENDRAN N., S/O. ANANDAN, KUNHI PARAMBATH HOUSE, P.O. MUTHIYANGA, VIA. PATHAYAKKUNNU, KANNUR DIST. 3. M.N. SHAFI, S/O. MUHAMMED NOOHU, 'SHANAVAS MANZIL', BHARATHANNOOR P.O., THIRUVANANTHAPURAM. 4. RAGI P.V., W/O. MANOJ K., "SREE RAGAM", CHALIL PARAMB AMBILAD, P.O. MANGATTIDAM, KANNUR DIST. 5. NAMITHA N.C., D/O. C.RAGHAVAN, ALAYULLA PARAMBIL, AMBILAD, P.O. NIRMALAGIRI, KANNUR DIST. 6. NISHA P.P., W/O. A.PAVITHRA, PUTHENKANDATHIL HOUSE, PINARAYI, P.O. PINARAYI, KANNUR DIST. 7. PYARI CHERUVARIKARAYI, W/O. RAJEEV T., EKARATH HOUSE, P.O. PINARAYI, VIA. THALASSERY, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, 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,SC,KPSC BY G.P. SMT.M.R.SREELATHA SRI.ALEXANDER THOMAS, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD ON 03/04/2008, ALONG WITH WPC NO. 22354 OF 2007 & WPC NO. 6568/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 21137/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE RANK LIST. P2. COPY OF THE LETTER DTD.6.6.07. P3. COPY OF THE LETTER DTD.25.6.07. P4. COPY OF THE VACANCIES WHICH APPEARED IN THE NEWSPAPERS. S.SIRI JAGAN, J. ================== W.P.(C).Nos.21137/2007, 22354/2007 & 6568/2008 ================== Dated this the 3rd day of April, 2008 J U D G M E N T W.P(C).Nos.21137/2007 and 6568/2008 are filed by persons included in the rank list prepared by the PSC for appointment to the post of H.S.A. (Mathematics) in Kannur District seeking direction to the Department to report vacancies and to make advice from the list pursuant to such vacancies. W.P(C).No. 22354/2007 is filed by three P.D. Teachers who claim that they are entitled to be promoted as H.S.A. (Mathematics) in preference to the PSC recruits in so far as the quota prescribed for appointment by promotion from P.D. Teachers has not been filled up in accordance with the cadre strength in accordance with the Government orders on the subject. 2. I have considered the rival contentions in detail. 3. It is submitted in the counter affidavit filed by the Government that, going by the cadre strength persons appointed through direct recruitment are far in excess of the eligible quota w.p.c.21137/07 etc. 2 and therefore, there is no scope for filling up vacancies by direct recruitment unless the quotas prescribed for the other two categories in accordance with the Government orders on the subject are filled up. It is stated in the counter affidavit that presently candidates are available for appointment by inter district transfer and by promotion from primary teachers. Five vacancies have already been reported to the PSC for advice from direct recruitment category. However, those vacancies cannot be filled up in view of the above quota position. 4. In view of the fact that going by the cadre strength, the direct recruits available are far in excess of the quota prescribed as per the Government orders, I am satisfied that no more appointment can be made by appointing direct recruits until the quota prescribed for other two categories are filled up. Therefore, I am of opinion that the five vacancies now reported to the PSC for direct recruitment have to be reverted back for appointment from the other two categories. It is submitted by the counsel for the petitioners 1 and 2 that they got promotion and therefore, only the third petitioner remains. Out of the five vacancies, whichever way calculation is made, at least one vacancy would be available for appointment by promotion from w.p.c.21137/07 etc. 3 among P.D. Teachers. Therefore, there cannot be any difficulty in considering the claim of the third petitioner for promotion to one of the vacancies. Accordingly, W.P(C).No.22354/2007 is disposed of directing the 1st respondent to consider the claim of the third petitioner for promotion to one of the vacancies and pass appropriate orders thereon within one month from the date of receipt of a copy of this judgment. The respondents 1 and 2 shall take up the matter with the PSC for withdrawal of the vacancies and for cancellation of the advice already made. The PSC shall take appropriate steps to cancel the advice already made to the five vacancies and take it to its logical conclusion as expeditiously as possible. Respondents 1 and 2 shall not fill up the five vacancies except by appointment from the two categories of appointment by promotion and appointment by inter district transfer. W.P(C).Nos.21137/2007 and 6568/2008 are dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.21137/07 etc. 4