IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 27990 of 2007(F) -------------------------- PETITIONER(S): ------------------- 1. PRASANNA KUMAR P.S., INDEVARAM HOUSE,PARASUPAYKAL P.O., PARASSALA, THIRUVANANTHAPURAM. 2. RADHIKA RANI.P., KOYIKKALAZHIKATHU VEEDU, KOTTUKKAL P.O., ANITHAL, KOLLAM DISTRICT. 3. BINU ABRAHAM S/O. ABRAHAM, AGED 35 YEARS, NADUVILEPARAMBIL HOUSE,NALUKODY PO,POIPADU, KOTTAYAM DISTRICT. 4. MANOJAN THAROL, THAROL HOUSE, VALAYAM, VATAKARA, KOZHIKODE-673517. 5. BINOJI THOMAS, PURAPPUTHANAM HOUSE, TEEKOYI P.O., MEENACHIL TALUK,KOTTAYAM DISTRICT. 6. SUNITHA R., SNV BANGALOW (PUNTHALA) S.R.P.MARKET P.O., KARUNAGAPPALLY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): -------------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. WPC NO.27990/07 -2- 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI.RAVIKRISHNAN FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27990/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE MAINLIST DATED 9/11/2007 AND DOWN LOADED THROUGH THE INTERNET FROM THE WEBSITE OF THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS OF THE KERALA LEGISLATIVE ASSEMBLY DT.25.7.07. EXT.P3: TRUE COPY OF THE APPLICATION DT 5.7.07 SUBMITTED BY SMT.GEENA TOM. EXT.P4: TRUE COPY OF THE REPLY LETTER DT 10.8.07 ISSUED BY THE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE REPORT DT 8.9.07 IN THE MATHRUBHUMI THOZHIL VARTHA. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 27990 OF 2007 (F) ==================== Dated this the 2nd day of December, 2008 J U D G M E N T The grievance in this writ petition is that the vacancies of HSST (Political Science) available to be filled up by direct recruitment are not reported to the PSC. Presently, the counsel for the petitioners confines his grievance only in so far as petitioners 5 and 6 are concerned, as according to him, rest of the petitioners have already been advised and appointed. 2. Rank list was published on 30/4/2007 and petitioners 5 and 6 are at Sl.Nos.42 and 43. According to the petitioners, there were 70 vacancies and subsequent to the filing of the writ petition, they have also filed IA 7580/08, asserting that 17 new vacancies and 7 retirement vacancies, are also available for reporting to the PSC. Yet another affidavit has been filed along with IA 14325/08 and in para 5 it is contended that 31 new posts have been sanctioned by the Government by order dated 15/9/08. It is therefore contended that these vacancies should be reported to the PSC. 3. When the matter was taken up, the learned counsel made reference to the counter affidavit filed on behalf of the 1st respondent where it is averred that out of 66 vacancies, 15 NJD vacancies have been WPC 27990/07 :2 : earmarked for by transfer appointment and that 6 vacancies out of 27 vacancies reported on 23/7/07 have also been reserved for by transfer appointment. Counsel also made reference to the statement in para 9 that eligible portion of the retirement vacancies occurred as on 31/7/08 will be reported to the PSC soon. Learned counsel also complains that even in the counter affidavit, there is no answer to his claim that 31 new posts have been created by the Government order referred to above. 4. In so far as the reservation for by transfer appointment is concerned, learned counsel for the petitioner refers to Rule 3(2) of the Special Rules for Kerala Higher Secondary Education Service. It is contended that in so far as Higher Secondary School teachers are concerned, in the absence of qualified teachers for by transfer appointments from HSST Junior, the vacancies are to be apportioned in the manner as provided in Sub Rule (II) thereof. It is therefore contended that the reservation made for by transfer appointment is erroneous in the sense that, these vacancies, in the absence of qualified candidates from the specified categories, are to be diverted to direct recruitment quota. 5. In so far as this plea raised by the learned counsel for the petitioner is concerned, the matter is entirely covered by the provisions of WPC 27990/07 :3 : Rule 3(2) of the Special Rules. Necessarily, in the absence of the categories made eligible therein, the vacancies will have to be filled up by direct recruitment in the manner as provided therein. This shall be done by the 1st respondent. 6. Similarly, the 1st respondent shall also honor the undertaking in the counter affidavit that the eligible portion of the retirement vacancies occurred as on 31/7/2008 will also be reported to the PSC. This also shall be done, as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp