IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13624 of 2009(W) -------------------------- PETITIONER(S): --------------- MOHAMED FASLU RAHMAN.V.V., S/O.P.V.HAMSA MASTER, AGED 31 YEARS, FASALU MANZIL, PERUMUKKU, P.O.ALANCODE, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.O.PATTOM PALACE, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, ADV.SRI.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13624/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2009 J U D G M E N T The petitioner herein applied for appointment as Higher Secondary School Teacher (Arabic) pursuant to the notification issued by the P.S.C. He is included as rank No.9 in Ext.P1 ranked list. It is submitted by the petitioner that going by the Special Rules, the method of appointment to the post of Higher Secondary School Teacher is by transfer from the category of Higher Secondary School Teacher (Junior) in the subject concerned and in the absence of Higher Secondary School Teacher (Junior), the post had to be filled up by transfer of qualified HSA/UPSA and by direct recruitment in the ratio of 1:3. The further contention raised is that the rules will have to be worked out with reference to the date of occurrence of vacancies. The petitioner is relying upon the judgment of the Division Bench of this Court (Ext.P2) in W.A.No.1000/2006 and connected case. It was held by this Court that “filling up shall be against the vacancies occurred and the position as on the date of occurrence of vacancies of HSST shall be ascertained in order to determine whether the HSST (Junior) is to be appointed or HSA/UPSA is to be appointed or a direct recruit candidate is to W.P.(C). No.13624/2009 -:2:- be appointed.” The complaint raised in the writ petition is that even though sufficient candidates were not there to fill up the post by way of transfer, the matter is not reported to the P.S.C and the same is being delayed by the second respondent by awaiting declaration of probation of HSSTs (Junior) to fill up the posts. 2. The learned Government Pleader submitted that when qualified HSSTs (Junior) are there, the method of appointment allows the filling up of vacancies by promoting them also. Presently, the petitioner has filed Ext.P3 representation before the second respondent seeking for appropriate action in the matter to grant appointment to him. There will be a direction to the second respondent to consider Ext.P3 and pass orders in accordance with law and in accordance with the relevant Special Rules. Appropriate orders shall be passed within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms