IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 12580 of 2011(V) -------------------------- PETITIONER(S) :- ------------------------- NISSAMMA.S., KALLARACKAL HOUSE, WARD III, CHERTHALA MUNICIPALITY, ALAPPUZHA-688 524. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S) :- -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 001. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ALAPPUZHA-688 001. ADV. SRI.P.C.SASIDHARAN, SC, FOR R-2 & 4 GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.12580 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the interview memo. Ext.P2 :- Copy of the ranked list for the post of Part Time Junior Language Teacher (Arabic) in Alappuzha Dist. Respondent's Exhibits :- Annexure-I :- Copy of the Staff Fixation Order for the period 2010-2011 of Government PJLPS, Kalavoor issued by the AEO, Cherthala. //True Copy// P.A. to Judge T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12580 OF 2011 --------------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T The petitioner is a candidate included in the ranked list for appointment to the post of Part Time Junior Language Teacher (Arabic) in Alappuzha District. The petitioner is ranked as rank No.12. The ranked list came into force on 29.01.2008 and was to expire on 31.05.2011. In the light of the extension of the period of ranked list, it is pointed out that it may expire on 31.08.2011. 2. From the main list, 11 candidates have already been advised for appointment. The petitioner's grievances are two fold in this writ petition. First is that available vacancies are not reported and the second is that the Public Service Commission has not expedited the re-notification process for NCA vacancies. Some vacancies have been shown by the petitioner in paragraph 3 of the writ petition. 3. By interim order dated 27.05.2011, this Court directed W.P.(C) No.12580/2011 2 the 3rd respondent to report one vacancy of Part Time Junior Language Teacher (Arabic) so as to reach the office of the 4th respondent on 31.05.2011. This was with a rider that the same will be provisional and further action will be taken only after getting orders from this Court. 4. The respondents 2 and 4 have filed a counter affidavit and the 3rd respondent has filed a statement. Going by the stand taken by the 3rd respondent in the statement, all the available vacancies have been reported to the Public Service Commission and one vacancy as directed by this Court has been reported provisionally. It is pointed out that no other substantive vacancy exists in the Alappuzha District. 5. In the counter affidavit filed by the Public Service Commission, it is averred that 11 candidates have been advised from the ranked list so far and 6 vacancies have been set apart for NCA notification. Five vacancies set apart for NCA notification was notified in the Gazette dated 12.06.2009 for the first time. No candidates were available under Ezhava, Scheduled Caste and Other Backward Class communities. Even though one candidate W.P.(C) No.12580/2011 3 namely, under the LC category was included, the candidate advised from the said category did not join duty. The second NCA notification was issued on 30.06.2011. Six vacancies have been set apart for NCA notification namely, Ezhava-2, SC-2, LC-1 and OBC-1. In the light of the fact that PSC has already taken steps to issue NCA notification as evident from the counter affidavit, the said process will be expedited. Learned counsel for the petitioner further prayed that as the staff fixation for the present year is almost over, a direction may be issued to report any substantive vacancies which may arise prior to 31.08.2011 to the Public Service Commission. Since already one vacancy has been reported on provisional basis, if any substantive vacancy arises prior to the expiry of the ranked list pursuant to staff fixation for the present year, the 3rd respondent will take appropriate steps to report at least one vacancy prior to the expiry of the ranked list. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp