IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 34924 of 2007(G) ------------------------------------- PETITIONER(S): ---------------------- PRASANTH KUMAR KOILERI, S/O. E.MADHAVAN, VADAKKUMBAD AMBALAKULAM, P.O.KARIVELLUR, KANNUR DIST., PIN-670 521. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. BY GOVERNMENT PLEADER MR.K.RAMESH FOR R1,3 BY ADV.MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, ALONG WITH WPC NO. 35116 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34924/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANKED LIST FOR THE POST OF H.S.A (MATHEMATICS) IN KASARAGOD DIST. P2:- COPY OF THE LETTER DT. 20.11.07 ISSUED BY THE HEADMASTER OF GOVT. HIGH SCHOOL, MANGALPADY TO THE PETITIONER. P3:- COPY OF THE LETTER DT. 20.11.07 ISSUED BY THE HEADMISTRESS, G.H.S.S. BETHURPARA TO PETITIONER. P4:- COPY OF THE LETTER DT. 19.11.07 ISSUED BY THE PRINCIPAL, GFVHSS, CHERUVATHUR. P5:- COPY OF THE LETTER DT. 20.11.07 ISSUED BY HEADMISTRESS, G.H.S.S. PUTTAMATH. P6:- COPY OF THE VACANCY POSITION FOR THE MONTH OF NOVEMBER, 2007 ISSUED BY THE HEADMASTER , GHS THAYANUR. P7:- COPY OF THE LETTER DT. 19.11.07 ISSUED BY HEADMASTER GHSS MOGRALPUTHUR. P8:- COPY OF THE LETTER ISSUED BY HEADMASTER, GHS BANGRA MANJESHWAR. P9:- COPY OF THE LETTER DT. 19.11.07 ISSUED BY HEADMASTER,. VPPMKP SMARAKA GOVT. HIGH SCHOOL, TRIKARIPUR. P10:- COPY OF THE LETTER DT. 21.11.07 ISSUED BY HEADMASTER , GOVT. H.S.S.CHANDRAGH. P11:- COPY OF THE LETTER DT. 21.11.07 ISSUED BY ASST-IN-CHARGE, GIISS PERIYE. P12:- COPY OF THE LETTER DT. 19.11.07 ISSUED BY HEADMASTER , GOVT. H.S.ADHUR. P13:- COPY OF THE CIRCULAR DT. 7.11.01. P14:- COPY OF THE CERTIFICATE DT. 24.1.08 ISSUED BY HEADMASTER GOVERNMENT MODEL RESIDENTIAL school FOR BOYS AT NADAKKAVU, P.O.UDINOOR. P15:- COPY OF THE CERTIFICATE ISSUED BY HEADMASTER, GHS BANGRA MANJESHWAR. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) Nos.34924 & 35116 OF 2007 --------------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner in W.P.(C) No.34924 of 2007 is included in the ranked list for the post of H.S.A (Mathematics) in Kasaragod District and the petitioner in W.P.(C) No.35116 of 2007 is also one included in the ranked list for the post of H.S.A (Mathematics). The main prayer in W.P.(C) No.34924/2007 is for a direction to the 3rd respondent to report various vacancies of H.S.A (Mathematics) to the 4th respondent. 2. This Court, after hearing the parties, passed an interim order on 14.12.2007 directing the 3rd respondent to report 12 vacancies of H.S.A (Mathematics) in Kasaragod District to the Public Service Commission before 3 p.m on 15.12.2007. It was clarified that advice to those vacancies shall be made only after obtaining orders from this Court. The petitioner in W.P.(C) No.34924/2007 is relying upon Exhibits P2 to P14 to contend for W.P.(C) Nos.34924 & 35116/07 2 the position that there are enough vacancies of substantive nature in those reported to the Public Service Commission. 3. The respondents have filed a counter affidavit as well as an additional affidavit disputing the correctness of the vacancies claimed by the petitioners. In the counter affidavit filed by the 3rd respondent on 13.12.2007, after referring to various details submitted by the petitioner, it has been explained in paragraph 9 that the vacancies claimed by the petitioner as per Exhibits P2 to P13 cannot be filled up by the Public Service Commission. In the additional affidavit filed on 23.07.2009, the said position is reiterated. 4. Learned counsel for the petitioners raised two contentions. It is submitted that the vacancies which have arisen because of the deputation of teachers of Sarva Siksha Abhayan and I.T. school are vacancies for a duration of more than six months and therefore, they should be filled up by P.S.C hands. It is also submitted that since there is lack of sufficient candidates to fill up other categories like inter-district transferees those can W.P.(C) Nos.34924 & 35116/07 3 also be filled up by P.S.C hands. Learned counsel for the petitioners therefore, submitted that the matter may be considered by the first respondent itself. The petitioners will file a detailed representation before the Government within a period of two weeks from today pointing out the number of vacancies as well as the substantive nature of the vacancies which they claim. The same will be with reference to the position as on the date of expiry of the ranked list, that is on 16.12.2007. Pursuant to the interim order dated 14.12.2007, 12 vacancies have been reported. Therefore, appropriate decision will be taken by the Government after considering various aspects pointed out by the petitioners in accordance with law within a further period of two months from the date of receipt of a copy of the representation. The consideration by the Government as regards the claim raised by the petitioners will be restricted to the 12 vacancies which have been reported pursuant to the interim order passed by this Court. If the decision of the Government is in favour of the petitioners, that will be W.P.(C) Nos.34924 & 35116/07 4 communicated to the Public Service Commission through the Deputy Director of Education of the District. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp