IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 19613 of 2008(I) -------------------------- PETITIONERS: --------------------- 1. DEEPA.M.R., ARUN VIHAR, VEMB, MONNOORKONAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695 541. 2. MAYA.G.NAIR, GIRIJAVILASAM, ELAMANOORKONAM, NARUVAMOODU P.O., THIRUVANANTHAPURAM-695 020. 3. KUMARI MEERA R.O., SOUPARNIKA, THIRUTHUPARAMBU, JAYAPRAKASH LANE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043. BY ADV. SMT.P.V.ASHA RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. R1 & R2 BY GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD R3 BY ADV. SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.1.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19613 of 2008(I) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE RELEVANT PORTION OF THE NOTIFICATION APPEARED IN PSC BULLETIN DATED 15.11.2005. EXT.P2. COPY OF THE RANK LIST DATED 12.6.08 FOR THE POST OF HSST HINDI EXT.P3. COPY OF THE LETTER DATED 29.5.08 OF THE INFORMATION OFFICER OF THE 2ND RESPONDENT. EXT.P4. COPY OF THE G.O. (MS) NO. 160/08/G.EDN. DATED 15.9.08. EXT.P5. COPY OF THE LIST CONTAINING SUBJECT WISE DISTRIBUTION OF POSTS. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19613 Of 2008 ----------------------------------------------------- DATED THIS THE 24th DAY OF JANUARY, 2011 J U D G M E N T The petitioners are candidates who were included in the ranked list for appointment of HSST (Hindi) by direct recruitment through Public Service Commission. 2. Notification was issued on 14.11.2005. After completion of selection procedure, the ranked list was published on 12.6.2008. The main list consists of 25 candidates. The petitioners are rank Nos.23, 22 and 20 respectively in the list. It is mainly contended that going by the method of appointment, various vacancies had to be reported to the Public Service Commission. It was also pointed out that even after publication of the ranked list, daily rated employees are working. Accordingly, a direction was sought for to report the vacancies of HSST(Hindi) to the Public Service Commission. 3. The 2nd respondent has filed a counter affidavit, wherein in paragraph No.3, it is stated that as per the Special Rules, the appointment to the post of HSSTs is being made by transfer from HSSTs (Junior) in the subject concerned. Only in W.P.(C)No.19613/08 -2- the absence of qualified candidates under the category of HSST (Jr.), the vacancies are apportioned between HSA/UPSA and direct recruitment. It is further submitted that the vacancies which arose in the category of HSST(Hindi) have been filled up in accordance with the special rules. A chart has been shown, showing the number of vacancies reported. From paragraph No.4 of the counter affidavit it is clear that as on 31.7.2006, 48 vacancies arose and against which 51 qualified HSSTs(Jr.) were available. Accordingly, all the 48 vacancies were filled up by giving 'by transfer' appointment to qualified Junior HSSTs who have completed the period of probation. Later, on 31.7.2007, 51 more vacancies arose. Since there were qualified hands for the category of HSST(Jr.), those vacancies were apportioned in the ratio 1:3 and 13 vacancies set apart for by transfer appointment and 38 vacancies were set apart for direct recruitment and it is mentioned that 33 direct recruitees were appointed initially. There was six NJD vacancies which were reported to the Public Service Commission and later the PSC advised 10 candidates and all of them were appointed on 28.8.2008. Accordingly, it is pointed out that the entire vacancies were reported. In the light of the position reflected in the counter affidavit, W.P.(C)No.19613/08 -3- it can be seen that the contention raised by the petitioner that there were no junior hands eligible for by transfer appointment is not correct. Apart from that the remaining vacancies for direct recruitment have been properly reported also. In the light of the above, no further directions are called for in the Writ Petition and the Writ Petition is accordingly dismissed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge