IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 31644 of 2010(E) PETITIONER: --------------- SHEEBABANU N.M., AGED 29, D/O.K.P.ALIKOYA, BASTHUL HAFSA, MUZHAPPILANGAD, KANNUR- PIN- 670 662. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY- 695001. 2. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD DISTRICT, KASARAGOD, PIN 695004. STANDING COUNSEL FOR KPSC SRI.ALEXANDER THOMAS GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 31644 OF 2010 E ------------------------------------------------------ Dated this the 2nd day of November, 2010 JUDGMENT The petitioner is included as rank No.27 in Ext.P1 rank list for the post of High School Assistant (English) Direct in Kasaragod District. It is stated that among persons belonging to Muslim community, who are included in Ext.P1 rank list, the petitioner is the first person. The grievance of the petitioner is that Ext.P2 notification was issued by the Kerala Public Service Commission inviting applications for the post of H.S.A.(English) in Kasaragod District by direct recruitment from among Muslim candidates. It is stated that Ext.P2 was issued for the purpose of appointment of Muslim candidates to fill up the vacancies of H.S.A.(English) only because there was no candidate who could be appointed as per the rank list published on 29.12.2005. 2. The reliefs prayed for in the Writ Petition are the following: “(i) Call for records connecting Exts.P1 and P2 from the respondent concerned; W.P.(C) NO.31644 OF 2010 :: 2 :: (ii) Call for Ext.P2 from the 1st respondent and issue writ of certiorari to quash the same; (iii) Issue a Writ of Mandamus directing the 2nd respondent to report one vacancy of H.S.A. (English) in Kasaragod District and direct the 1st respondent to advice the petitioner to that vacancy; (iv) Such other reliefs as this Hon'ble Court may deems fit and proper; and (v) Award cost to the petitioner.” 3. It is submitted by the learned counsel appearing for the respondents that relief (ii) cannot be granted in view of the decision in Praseena v. Kerala Public Service Commission (2009 (1) KLT 570). The learned counsel for the petitioner submitted that in view of the decision in Praseena v. Kerala Public Service Commission (2009 (1) KLT 570), relief (ii) is not pressed. As regards relief (iii), the learned Government Pleader submitted the following: 12 vacancies were reported to the Kerala Public Service Commission. Later, there was reduction in the number of posts as a result of the W.P.(C) NO.31644 OF 2010 :: 3 :: staff fixation. At present, there is only one vacancy, which cannot be reported for accommodating candidates by direct recruitment since it is earmarked for appointment by other methods. It is also submitted that the quota earmarked for direct recruitees has already exceeded the required percentage of the cadre strength. The submission made by the learned Government Pleader is recorded. On the basis of the submission made by the learned Government Pleader, the petitioner is not entitled to any relief at present. The learned counsel for the petitioner submitted that the dismissal of this Writ Petition should not stand in the way of the petitioner claiming for a relief for reporting vacancies as and when vacancies earmarked for direct recruitment occur. It is so clarified that the right of the petitioner to do so would not be forfeited by the dismissal of this Writ Petition. For the aforesaid reasons, the Writ Petition is dismissed with the above reservation. (K.T.SANKARAN) Judge ahz/