IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 38024 of 2008(B) ----------------------- PETITIONER : -------------------- JAYALAKSHMI VADAKKAN MURIYIL, PEKKADAM, TRIKARIPUR.P.O, KASARAGOD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KASARGOD. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARGOD. R1 & R3 BY GOVT. PLEADER SRII. V.T.K. MOHANAN R2 & R4 BY ADV. SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 38024 of 2008(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RANKED LIST FOR THE POST OF H.A.A. (ENGLISH) IN MALAYALAM MEDIUM IN KASARGOD DIST. EXT.P2 : COPY OF THE JUDGMENT DATED 8.7.2008 IN R.P. NO. 687/2008. EXT.P3 : COPY OF G.O.(MS) NO. 446/05 DATED 16.12.2005. EXT.P4 : COPY OF THE LETTER DATED 16.8.2008 ISSUED BY THE DEO, KASARGOD TOGETHER WITH CHART. EXT.P5 : COPY OF THE REPRESENTATION DATED 4.11.2008 TOGETHER WITH CHART. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.38024 Of 2008 ----------------------------------------------------- DATED THIS THE 4th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner was included in the ranked list Exhibit P1 for appointment as HSA(English) in the Malayalam Medium in Kasaragod District. The petitioner was rank No.1 in the supplementary list. The main prayer in the Writ Petition is for a direction to report existing vacancies, namely 80, of HSA (English) in Kasaragod District. 2. This Court on 26.12.2008 passed the following interim order. “..... There will be an interim direction to the 3rd respondent to report 44 vacancies in the category of HSA(English), Malayalam Medium in Kasaragod District to the 4th respondent. It is clarified that this reporting of vacancies will be provisional and candidates need not be advised by the 4th respondent until otherwise ordered. The petitioner will produce a copy of the order before the 3rd respondent for compliance.” 3. The Deputy Director of Education has filed a counter affidavit. 4. The learned counsel for the petitioner submitted that W.P.(C)No. 38024/08 -2- there were existing vacancies which had arisen during the currency of the ranked list and therefore the contentions raised by the Deputy Director of Education in the counter affidavit are not supportable. 5. The question whether there were existing vacancies is a matter which will have to be assessed with reference to the records and the vacancy position available in different schools. Therefore, it is a matter which can be assessed only after perusing various records by the 3rd respondent. In W.P.(C) No.25964/10, which is related to appointment to the post of UPSA (Malayalam Medium) in Palakkad District, this Court after hearing the parties took the view that an assessment can be done with reference to the facts and figures pointed out by the petitioners, with notice to the petitioners. 6. Since there is dispute whether the vacancies actually existed during the currency of the ranked list, it is only proper that the 3rd respondent goes into the question after referring to the various particulars relied upon by the petitioner also. 7. The Writ Petition is disposed of directing the 3rd respondent to make an assessment from the materials and W.P.(C)No. 38024/08 -3- documents which will be submitted by the petitioner and from the official records about the substantive vacancies which were existing, if any, during the currency of Exhibit P1 ranked list and which were reported in terms of the interim order passed by this Court. After making such an assessment, after hearing the petitioner, the same will be communicated to the Public Service Commission and based on which the Commission will take further action, if it is found by the 3rd respondent that substantive vacancies were there prior to the expiry of Exhibit P1 ranked list. If the finding is otherwise, the vacancies cannot be utilised for the ranked list Exhibit P1. Appropriate action will be finalised within a period of three months. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge