IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 27135 of 2009(J) --------------------------------------- PETITIONER(S): ----------------------- 1. DEEPTHI P., MELUVEETTIL HOUSE, AZHIYANNUR P.O., KATAMPAZHPURAM, PALAKKAD 678 633. 2. SUDHA C., W/O.A.R.RAVICHANDRAN, ACHARATH HOUSE, KATAMPAZHIPURAM P.O., PALAKKAD-678633. 3. SREEJA M., D/O.SREEVALSAN, MALAKKUNNATH HOUSE, CHERPALACHERRY P.O., PALAKKAD 679 503. 4. UMA M., W/O.SUDHEER M., 3/514, "KAUSTHUBHAM", SAKKARA JUNCTION, KINASSERY P.O. PALAKKAD DISTRICT-678 707. 5. SUMA V., 'SREEHARI', PENGOTTUPALAYAM, PARLI P.O., PALAKKAD. 6. SHIBU T., 'THOTTATHIL HOUSE', KANJIRAPUZHA P.O., PALAKKAD-678591. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. R1 & R3 BY SENIOR GOVERNMENT PLEADER SRI.T.T.MUHAMOOD R2 & R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27135/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RANKED LIST FOR THE POST OF LPSA (MALAYALA MEDIUM) IN PALAKKAD DISTRICT CAME INTO FORCE ON 1/12/2006. P2 COPY OF THE G.O.(MS) NO.95/2008/G.EDN DATED 26/5/2008. P3 COPY OF THE G.O.(MS) NO.154/2009/FIN DATED 24/4/2009. P4 COPY OF THE G.O.(MS) NO.262/2009/FIN DATED 04/07/2009. P5 COPY OF THE APPLICATION DATED 01/06/2009 FILED UNDER R.I.ACT. P6 COPY OF THE REPLY GIVEN BY INFORMATION OFFICERS IN RESPONSE TO EXHIBIT P5. P7 COPY OF THE APPLICATION DATED 07/05/2009 FILED UNDER R.I.ACT AND THE REPLY GIVEN THERETO ALONG WITH LIST OF PROTECTED TEACHERS. P8 COPY OF THE TABLE SHOWING EXISTENCE OF OF VANCANCIES IN THE CADRE OF LPSA IN PALAKKAD DISTRICT. P9 COPY OF THE REPLY GIVEN BY PUBLIC INFORMATION OFFICER PALAKKAD UNDER R.I. ACT. P10 COPY OF THE REPLY DATED 21/8/09 GIVEN BY PUBLIC INFORMATION OFFICER UNDER R.I.ACT DATED 21/08/2009 P11 COPY OF THE SHOWING NUMBER OF PROTECTED TEACHERS NOW WORKING IN PALAKKAD DISTRICT. P12 COPY OF THE GO(P) NO.10/2010 DATED 12/1/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27135 OF 2009 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioners approached this Court seeking for a direction to report existing vacancies in the cadre of LPSA (Malayalam) in Palakkad District. A detailed interim order was passed by this Court on 08.03.2010. 2. Heard the learned counsel for the petitioners, learned Government Pleader and the learned Standing Counsel for the Public Service Commission. 3. An additional affidavit has been filed by the 3rd respondent. It is stated that in the light of the Government Order dated 12.01.2010, the staff fixation of department schools in Palakkad District was revised and it was found that 10 numbers of additional post of LPSAs (Malayalam) have arisen during the year 2006-2007 to the academic year 2009-2010. 4. It is stated in paragraph 4 that 7 vacancies being the W.P.(C) No.27135/2009 2 65% of the above said 10 vacancies have already been included in the vacancy report submitted to Kerala Public Service Commission as per the existing norms vide ref.No.A4/630/10 dated 13.04.2010. It is evident from paragraph 5 also that 5 vacancies were included in the vacancy report submitted to Kerala Public Service Commission as per letter No.A4/630/10 dated 15.02.2010. The rank list was due to expire on 31.03.2010 which extended upto 30.04.2010. 5. Learned counsel for the petitioners therefore, made a prayer that the competent authority may be directed to assess the number of vacancies so that the eligible candidates could be advised. Learned Government Pleader submitted that in the light of the fact that 12 more vacancies have been reported prior to the expiry of the rank list, no fresh assessment is required now. Since the rank list has already expired, learned Standing Counsel for the PSC submitted that the only direction that can be issued is to advise any candidates to the substantive vacancies reported during the currency of the rank list. In that view of the matter, if any of the candidates are yet W.P.(C) No.27135/2009 3 to be advised in the vacancies reported, the same will be done by the PSC expeditiously. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp