IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 17756 of 2006(L) -------------------------- PETITIONERS: ------------ 1. PRATHEEKSHA.N.S, W/O.REGHUMON, OLICKAL HOUSE, VAZHAKULAM.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. SIMI PAUL, VADICKATH, PALACKAMATTAM, KINGINIMATTOM.P.O, ERNAKULAM DISTRICT. 3. HASEENA.V.M, KURAKKADU HOUSE, VAZHAPPILLY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. MANJU.C.R, CHAKKILIPADICKAL HOUSE, VADAVUCODE.P.O, VADAVUCODE, ERNAKULAM DISTRICT. 5. GINO GEORGE, KALAPARAMBATH HOUSE, THATTAMPADY, KARUMALLOOR.P.O, ALUVA, ERNAKULAM DISTRICT. 6. NIJIMOL GEORGE, KAVANAMOLEL HOUSE, POOTHRIKKA.P.O, PUTHENCRUZE, ERNAKULAM DISTRICT. 7. LIZA CINY YESUDAS, AREECKAL, MEKKADAMPU.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. WP(C) No.17756/2006 2 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM. BY GOVERNMENT PLEADER SHRI T.T.MUHAMOOD FOR R1,R3 BY ADV. SHRI ALEXANDER THOMAS, STANDING COUNSEL FOR PSC FOR R2 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, ALONG WITH WPC NO. 27044 OF 2007 AND WPC NO. 29568 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C) No.17756 OF 2006 PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE RANKED LIST FOR THE POST OF HSA (ENGLISH) IN ERNAKULAM DISTRICT EXT.P2 TRUE COPY OF GO(Ms) NO.144/2005 GE DATED 7.5.2005 EXT.P3 TRUE COPY OF GO(Ms) NO.446/2005 GE DATED 16.12.2005 EXT.P4 TRUE COPY OF THE LETTER DATED 7.4.2006 ISSUED BY THE THIRD RESPONDENT TOGETHER WITH LIST OF SCHOOLS AND NUMBER OF POSTS OF HSA( ENGLISH) EXT.P5 TRUE COPY OF LETTER DATED 2.11.2005 TOGETHER WITH HSA(ENGLISH) DETAILS EXT.P6 TRUE COPY OF THE NEWS REPORT WHICH APPEARED IN MATHRUBHUMI DAILY DATED 21.6.2007 EXT.P7 TRUE COPY OF THE NEWS REPORT WHICH APPEARD IN MATHRUBHUMI DAILY DATED 30.6.2007 EXT.P8 TRUE COPY OF THE ADVERTISEMENT WHICH APPEARED IN MALAYALA MANORAMA NEWS PAPERS EXT.P9 TRUE COPY OF THE JUDGMENT DATED 18.10.2006 IN WA NO.1859/2006 EXT.P10 TRUE COPY OF THE REPLY DATED 21.8.2007 UNDER THE RIGHT TO INFORMATION ACT RESPONDENTS' EXHIBITS: EXT.R3(a) DETAILS OF CADRE STRENGTH //TRUE COP// K.T. SANKARAN,J. -------------------------------------- W.P.(C) Nos.17756 of 2006 L 29568 of 2007 T & 27044 of 2007 T -------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T The petitioners in these Writ Petitions are candidates included in the rank list published by the Kerala Public Service Commission for appointment to the post of High School Assistant (English) in Ernakulam District. Their grievance is that the vacancies available were not reported and that even in respect of the reported vacancies, advices were not issued by the Kerala Public Service Commission. 2. It is submitted by the counsel appearing for the petitioners, the Government Pleader as well as the standing counsel for the Public Service Commission that the Writ Petitions can be disposed of in the light of the facts disclosed in the statement dated 26.8.2008, filed by the Deputy Director of Education, Ernakulam. 3. In the statement, in paragraphs 4 to 6, it is stated as follows:- “4. It is submitted that the finalization of staff fixation for the year 2008-09 is not over. But at present the total staff strength of H.S.A. WP(C) No.17756/2006 & CONNECTED CASES. 2 (English) in Ernakulam Revenue District is 82. The latest position of different categories are given as follows: Sl. No. Category The ratio fixed by the Government Orders Permissible strength Existing 1 Direct Recruitment 30% 24 47 2 IDT 20% 16 1 3 Promotion 20% 16 11 4 Post conversion 20% 16 8 5 By transfer 10% 8 11 6 H.S.A.(Social Science) adjusted against H.S.A. (English) 2 2 5. It is submitted that out of the 12 vacancies available 4 vacancies were reported to the PSC for making by transfer appointment. The vacancies were reported as early as on 13.11.2006. Against the 4 vacancies reported for by transfer appointment the P.S.C. has advised three candidates who have been included in the list for appointment under direct recruitment quota saying that there is no live rank list for the appointment to the post of H.S.A. (English) under by transfer category. WP(C) No.17756/2006 & CONNECTED CASES. 3 The advice was made on 22.1.2008 since the reporting of vacancy for by transfer appointment. It is submitted that this respondent has not issued any appointment order appointing the candidates advised by the PSC on 22.1.2008. It is also submitted that two vacancies which was initially reported to the District Collector for appointing physically handicapped candidates under compassionate employment scheme was reported to the PSC in the absence of list available with the District Collector. Apart from that 6 vacancies of H.S.A.(English) in Ernakulam Revenue District have been reported to the PSC for direct recruitment on 2 different occasion on 6.6.2008 and 11.7.2008. 6. It is submitted that there are no qualified hands in the category of P.D. Teachers who are eligible for promotion apart from that there are no applicants for IDT. It is submitted that as per Ext.R3(c) order in the absence of eligible candidate under the category of PD promotion and Inter District Transfer, the vacancies set apart from them has also to eligible candidate for post conversion also. Therefore in the absence of qualified hands in those categories the vacancy set apart for them were reported to the PSC. Therefore this department has no objection in WP(C) No.17756/2006 & CONNECTED CASES. 4 advising the candidates against the 6 vacancies reported for direct recruitment. If the advise is received from the PSC, orders appointing the candidates will be issued. It is submitted that this department is not having objection in adjusting the 3 candidates already advised by the Public Service Commission on 22.1.2008 against the 6 vacancies reported to the P.S.C. under direct recruitment quota if this Honourable Court direct to do so.” 4. The learned counsel for the petitioners submitted that further vacancies would arise on the finalisation of the staff fixation for the year 2008- 2009 and that those vacancies are also liable to be reported before the expiry of the rank list on 16.10.2008. This submission is not objected to by the learned Government Pleader. He only points out that vacancies are only to be reported in accordance with the norms. 5. The learned standing counsel appearing for the Kerala Public Service Commission submitted that the Gazette notification was dated 26.4.2005 and out of the seven applications received in the by transfer category, only one application was admitted. It is also stated that the four vacancies earmarked for by transfer category were filled from the rank list for direct recruitment, but advices were cancelled in compliance with the interim order dated 6.6.2008 passed by this Court in W.P.(C) No.4975 of 2008. It is WP(C) No.17756/2006 & CONNECTED CASES. 5 submitted by all the counsel that in the absence of qualified hands for appointment in the by transfer category, three vacancies can be filled up by advising candidates for appointment from the direct recruitment quota. 6. In the light of the submissions made by the learned counsel for the petitioners, learned standing counsel for Kerala Public Service Commission and the learned Government Pleader, these Writ Petitions are disposed of with the following directions:- (i) The Kerala Public Service Commission shall issue advice to six candidates in direct recruitment quota for appointment to the post of High School Assistant (English) in Ernakulam District as expeditiously as possible. (ii) The Deputy Director of Education, Ernakulam, shall report all the available vacancies of High School Assistant (English) set apart for direct recruitment, after finalisation of the staff fixation order for 2008-2009, to the Public Service Commission as expeditiously as possible and at any rate, on or before 16.10.2008. (iii) It is also agreed that if any such vacancy is reported after finalisation of the staff fixation order for 2008-2009, such vacancies also can be filled up from the rank list dated 17.10.2005. WP(C) No.17756/2006 & CONNECTED CASES. 6 (iv) All the exercises referred to above shall be done as expeditiously as possible. K.T. SANKARAN, JUDGE. cks