IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 27750 of 2008(C) -------------------------- PETITIONER(S): ------------------ 1. MADHUSOODHANAN, H.S.A, GOVT.HIGHER SECONDARY SCHOOL, PAZHAYANNOOR, THRISSUR, MANGALASERIYIL, KUNNATHARA, PAZHAYANNOOR.P.O, THRISSUR DISTRICT. 2. JAYAKUMAR., U.P.S.A, GOVT.HIGHER SECONDARY SCHOOL, ANCHALAMOODU, KOLLAM. SREEPADMAM NJARACKAL, PERINAD.P.O, KOLLAM DISTRICT. BY ADV. SRI.C.S.AJITH PRAKASH SRI.PAUL C THOMAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27750/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE PROCEEDINGS DT 15.6.06 WITH RELEVANT ANNEXURES. EXT.P2: A TRUE COPY OF THE APPLICATION DT 6.4.2008. EXT.P3: A TRUE COPY OF THE REPLY DT 21.5.2008. EXT.P4: A TRUE COPY OF THE ABOVE REPRESENTATION DT 3.12.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 27750 OF 2008 (C) ==================== Dated this the 3rd day of November, 2008 J U D G M E N T The first petitioner is HSA and the 2nd petitioner is an UPSA. They are aspiring to be promoted as HSST in the 25% quota earmarked for by transfer appointments. It would appear that in response to the notification issued on 30/5/2005, petitioners had applied and Ext.P1 seniority list was prepared. In Ext.P1, both the petitioners names are included. Petitioners submit that as at present atleast 8 vacancies are to be filled up and that if those vacancies are filled up, they are entitled to be appointed in the by transfer quota. It is sated that despite having made Ext.P4 representation, there was no progress in the reporting of vacancies and therefore this writ petition has been filed. 2. Learned Government Pleader submits that the vacancies which are now stated to be available are those which were sanctioned by the Government on 15/9/2008 and that Ext.P1 has been prepared based on the notification dated 30/5/2005 to the vacancies available as on 31/7/2005. It is stated that by her that in so far as the vacancies which are now available, a notification has already been issued and that on the basis of the seniority list which is yet to be prepared, the vacancies will WPC 27750/08 :2 : have to be filled up. 3. Going by the Special Rules, post of HSST has to be filled up first from HSST(Junior) and only in their absence the other categories mentioned comes into the feeder categories. Admittedly, the posts now available were sanctioned only on 15/9/2008. If that be so, necessarily, notification will have to be issued and seniority list of those who have become eligible to be considered against those vacancies upto 15/9/2008 will have to be prepared. Only from such a list can the vacancies be filled up. It is informed that the respondents have already issued a notification for this purpose and if that be so, the petitioners will have to await their chance till the process is completed. 4. Counsel for the petitioners relying on the Rule 28(2) of the KS & SSR contends that once a select list is prepared, that will remain in force until a fresh one is prepared. In this case, in my view, that principle cannot be made applicable for the reason that the vacancies, itself have come into existence only on 15/9/2008 and that all those who have become eligible upto 15/9/2008 in terms of the Special Rules are entitled to be considered against those vacancies. WPC 27750/08 :3 : 5. Further the posts against which seniority list has been prepared have been filled from the seniority list itself. If that be so, the only order that is possible is that the respondents shall expedite the steps they have taken for filling up the available vacancies in terms of the Special Rules. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp