IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 25851 of 2009(B) ------------------------------------ PETITIONER: -------------------- SUSHAMA GEORGE, SAJI BHAVAN, BATHAM JUNCTION, EDAKKADOM P.O., EZHUKONE, KOLLAM-691 501. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, THIRUVALLA. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PATHANAMTHITTA. 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R1,2 &R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25851 of 2009(B) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RANKED LIST FOR APPOINTMENT TO THE POST OF H.S.A (PHYSICAL SCIENCE) IN PATHANAMTHITTA DIST. EXT.P2 : COPY OF THE RELINQUISHMENT LETTER DATED 20.05.09 SUBMITTED BY SMT. RENI CHERIAN EXT.P3 : COPY OF THE COMMUNICATION DATED 23.07.09 ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE 2ND RESPONDENT EXT.P4 : COPY OF THE COMMUNICATION DT. 06.06.09 ISSUED BY THE PUBLIC INFORMATION OFFICER, O/o.DY. DIRECTOR OF EDN. KOTTAYAM EXT.P5 : COPY OF THE APPLICATION DATED 08.08.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P6 : COPY OF THE ORDER, G.O. DATED 25.05.99 ISSUED BY THE GOVERNMENT EXT.P7 : COPY OF THE LETTER DATED 08.09.09 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA EXT.P8 : COPY OF THE REPLY DATED 28.10.09 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA EXT.P9 : COPY OF THE LETTER DATED 30.09.09 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA EXT.P10 : COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXT.P10(a) : COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXT.P11 : COPY OF THE INFORMATION ISSUED BY THE HEADMASTER, GHS PERINGARA AS PER COMMUNIATION DT. 15.09.09 EXT.P12 : COPY OF THE INFORMTAION ISSUED BY THE HEADMASTER GHS, KALLOOPPARA AS PER COMMUNICATION DT. 15.09.09 EXT.P13 : COPY OF THE INFORMATION ISSUED BY THE HEADMASTER, GOVT. PANCHAYAT HIGH SCHOOL, KULANADA DT. 11.12.10 EXT.P14 : COPY OF THE APPLICATION DATED 15.03.10 SUBMITTED BY THE PETITIONER AND THE REPLY GIVEN TO IT EXT.P15 : COPY OF THE APPLICATION DATED 17.04.10 SUBMITTED BY THE PETITIONER AND THE REPLY GIVEN TO IT. EXT.P16 : COPY OF THE COMMUNICATION DATED 15.11.08 ISSUED BY THE GOVERNMENT EXT.P17 : COPY OF THE APPLICATION DATED 08.08.09 ALONGWITH THE REPLY DT. 29.09.09 GIVEN BY THE HEADMASTER, MRSLBVS, VAIPUR EXT.P18 : COPY OF THE APPLICATION DT. 08.08.09 ALONGWITH THE REPLY ISSUED BY THE HEADMASTER, GHS, NARANGANAM EXT.P19 : COPY OF THE REPLY GIVEN BY THE HEADMASTER, GHS, PATHANAMTHITTA AS PER COMMUNICATION DT.22.07.09 EXT.P20 : COPY OF THE APPLICATION DT.08.08.2009 ALONGIWTH THE REPLY DT.25.09.09 ISSUED BY THE HEADMISTRESS, GHS, PERINGANAD EXT.P21 : COPY OF TE APPLICATION DT. 08.08.2009 ALONGWITH THE REPLY GIVEN BY THE PRINCIPAL, GVHSS, ELANTHOOR EXT.P22 : COPY OF THE APPLICATION DT. 17.04.10 ALONGWITH THE REPLY ISSUED BY THE SPECIAL GRADE SECRETARY, MALAYALAPUZHA GRAMA PANCHAYAT EXT.P23 : COPY OF THE REPLY GIVEN BY THE PRINCIPAL, GOVT. VHSS, KALANJOOR AS PER COMMUNICATION DT. 23.07.10 RESPONDENT'S EXHIBITS: EXT.R1 : COPY OF THE STATEMENT SHOWS THE DETAILS OF SCHOOLS AND MODE OF APPOINTMENT OF CANDIDATES IN THIRUVALLA EDUCATIONAL DISTRICT EXT.R2 : COPY OF THE STATEMENT SHOWS THE DETAILS OF SCHOOLS AND MODE OF APPOINTMENT OF CANDIDATES IN PATHANAMTHITTA DISTRICT EXT.R2(c) : COPY OF THE GOVT. ORDER G.O.(Rt)NO. 2307/2008 DATED 23.05.08 TRUE COPY PA TO JUDGE SMT S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.25851 OF 2009 --------------------------------------- Dated this the 17th day of March, 2011 JUDGMENT The petitioner is a person, who was included in the rank list prepared by the Kerala Public Service Commission for appointment to the post of HSA (Physical Science) in Pathanamthitta district. The petitioner has filed this writ petition contending that there are 12 vacancies available which have to be filled up by direct recruitment and therefore, the 2nd respondent should be directed to report those 12 vacancies. Earlier, the petitioner filed I.A.No.3402/2010 seeking a direction to respondents 1,2 and 5 to report 9 vacancies of HSA (Physical Science). On 31.3.2010, I passed the following interim order in that I.A. “In view of the documents produced along with I.A.No.3402/2010, I am inclined to pass an interim order in this case, especially since the Government pleader is unable to get instructions on the same, even after two weeks. Accordingly, there would be a direction to the second respondent to report nine vacancies provisionaly to the PSC within two weeks subject to further orders from this Court. PSC shall not make advice to the nine vacancies without obtaining orders from this Court.” W.P.(C)No.25851/09 2 Pursuant to the same, the said 9 vacancies have been reported. Subsequently, the list expired also. Now the question has to be decided as to whether the 9 vacancies are existing. The 2nd respondent has filed an affidavit dated 20.7.2010 in which in paragraph 8 the vacancy position given is as follows: (A) Total No.of Government High Schools in Pathanamthitta District 48 (B) No.of Panchayat Schools 2 (C) No.of schools where vacancies can be filled up by Deputy Director of Education 49 (D) Total cadre strength of Physical Science for the year 2009-10 55 } (D-(I) Cadre Strength of HSA (PS) in Panchayat Schools 3 } 58 (E) Total No. of PSC hands working in the Schools including Panchayat schools 30 (F) Vacancy reported to PSC/advised on 5/10 2 ----- Total PSC hands 32 === (G) Total inter district transfer 12 (H) Total PD promotion 3 (I) Total excess Natural Science hands working in the places of Physical Science 3 (J) Compassionate employment hands 4 (K) No. of vacancies in Physical Science by promotion and retirement 4 (a) Tribal HS Kattachira 1 (b) Government HS, Adoor 1 (c) Kulanadu Panchayat School 1 (d) GHSS Kalanjoor 1 W.P.(C)No.25851/09 3 In Ext.P6 Government Order, the Government has fixed the quota for direct recruits, inter-district transferees, promotees from primary teachers and promotees from the post of Clerks/Typists as 50%, 30%, 10% and 10% respectively. Going by the same, vacancies available for direct recruits is 50% of 58 (cadre strength), which is 29. In the affidavit, it is stated that the number of direct recruits working is 30. That means one direct recruit is in excess. The number of posts available for Clerk/Typist in service by promotion is 10% which would come to 6. Admittedly, only two qualified persons were available, who have been so promoted from the PSC list prepared for the purpose. The balance vacancies would be 4. According to the petitioner, in the absence of qualified hands these 4 vacancies should go to direct recruits. 2. The learned Government Pleader would dispute the same. According to him, if the direct recruits are appointed, that would violate the quot rule. He would further submit that 4 vacancies available should be filled up by provisional hands and not by direct recruits. 3. I am of opinion that insofar as no qualified persons are available in service for promotion from among W.P.(C)No.25851/09 4 Clerks/Typists, instead of filling up those posts by provisional hands, since a PSC list of direct recruits is available, appointments can be made from that list subject to adjustments of the quota as and when qualified hands become available from among Clerks/Typists in the department. Although 4 vacancies are available, since direct recruits are in excess by one, only 3 vacancies can also be considered on that basis. I am satisfied that for the present, 3 vacancies can also be filled up from direct recruits subject to adjustment of the quota as and when persons from among Clerks/Typists in the department become available for such promotion. Accordingly, this writ petition is disposed of with a direction to the Kerala Public Service Commission to advise 3 candidates out of the 9 vacancies reported pursuant to the interim order dated 31.3.2010, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The balance 6 vacancies reported pursuant to the interim order would stand cancelled. S. SIRI JAGAN, JUDGE acd W.P.(C)No.25851/09 5 W.P.(C)No.25851/09 6