IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 38013 of 2008(A) ------------------------------------- PETITIONER(S): ---------------------- SHINA.K.P, KOLLIKKATARA HOUSE, KOTHAPARAMBA POST, NOW RESIDING AT THAYIL HOUSE, PUTHENCHIRA NORTH POST, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, GENERAL EDUCATION DEPARTMENT, THRISSUR. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR. 3. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. DILIP MOHAN FOR R1 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38013 of 2008(A) APPENDIX PETITIONER'S EXHIBITS: Ext.P1 - TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST DATED 31/12/2005 FOR THE POST OF HIGH SCHOOL ASSISTANT PUBLISHED BY THE PSC. Ext.P2 - TRUE COPY OF THE REQUISITION DATED 29/11/2008 ISSUED BY THE TEACHER- IN-CHARGE OF HSS, VARAVOOR TO THE 1ST RESPONDENT. Ext.P3 - TRUE COPY OF THE REQUISITION DATED 29/11/2008 ISSUED BY THE HEAD MISTRESS, GHSS, PAZHAYANNUR TO THE 1ST RESPONDENT. Ext.P4 - TRUE COPY OF THE REQUISITION DATED 2/12/2008 ISSUED BY THE HEAD MISTRESS, GHS, MARATHENCODE TO THE 1ST RESPONDENT. Ext.P5 - TRUE COPY OF THE REQUISITION DATED 2/12/2008 ISSUED BY THE HEAD MISTRESS, GHS, THAYYAUR TO THE 1T RESPONDENT. Ext.P6 - TRUE COPY OF THE REQUISITION DATED 4/12/2008 ISSUED BY THE HEAD MISTRESS, GHS, THAYYAUR TO THE 1ST RESPONDENT. Ext.P7 - TRUE COPY OF THE ORDER DATED 20.10.1970 OF THE GOVERNMENT. Ext.P8 - TRUE COPY OF THE ORDER DATED 26/05/2008 OF THE GOVERNMENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 38013 of 2008 ................................................. Dated this the 20th day of August, 2009 J U D G M E N T The petitioner is rank no. 4 in the list prepared by the Public Service Commission for selection to the post of High School Assistants (Mathematics) in Thrissur District. His grievance in this writ petition is that although the list was to expire on 30.12.2008, the 1st respondent did not report available vacancies to the PSC for making advise from the rank list. The petitioner therefore seeks the following reliefs: “i) issue a writ of mandamus or appropriate writ order or direction to the 1st respondent to report entire vacancies of High School Assistant (Mathematics) in the Education Department in Thrissur District to the Public Service Commission without any delay. ii) issue appropriate direction to the 1st respondent to terminate all the provisional employees engaged in various schools holding the post of H.S.A. (Mathematics) Thrissur District and report the vacancies to the P.S.C. iii) issue appropriate writ, order or direction to the P.S.C. to make advice from Exhibit - P1 rank list on receipt of the requisition from the 1st respondent.” 2. On 26.12.2008, this court directed the 1st respondent to report six vacancies of HSA(Maths) in Thrissur District to the 2nd W.P(C) No. 38013 of 2008 -2- respondent, before 30.12.2008. But it was made clear that advice shall not be made against those vacancies without obtaining orders from this court. Therefore the issue to be considered now is whether vacancies were actually existing and could have been reported to the PSC, so as to advise candidates from the rank list against those vacancies. In this connection, I note the submission of the learned counsel for the PSC that the vacancies were reported only on 3.1.2009. Although the letter reporting the vacancies were dated 30.12.2008. 3. In the counter affidavit filed on behalf of the 1st respondent regarding the vacancies, it is stated thus: “4. It is submitted that as per the existing norms, the vacancy of H.S.A. (Maths) has to be earmarked for different modes of appointment as follows:- 1. Direct Recruitment : 50% 2. Inter-district transfer : 30% 3. By promotion from among qualified PD teachers : 10% 4. By transfer from among the qualified Ministerial staff :10% 5. As stated above, Exhibit P1 ranked list came up on 31.12.2005 and the same expired on 30.12.2008. After the finalization of staff fixation for the year 2008-09 the cadre strength of H.S.A. (Maths) in Thrissur District are as follows: W.P(C) No. 38013 of 2008 -3- Permissible Existing Excess Shortage Direct Recruitment 50% 121 21 I.D.T 30% 57 3 By promotion 10% 20 By transfer 10% 2 18 Therefore it is evidently clear that the Direct Recruitees are far in excess than the ration prescribed for them. It is true that there were 6 vacancies as averred by the petitioner in para 5 of the writ petition. But those are the vacancies which was set apart for other categories also. The said vacancies have already been filled up as follows:- Sl. No Name of Teacher Name of school posted Order No. & date Mode of appointment 1 Sreekala.M.B. GHS Varavoor A1/23777/06 Dt.29.11.2008 Promotion From P.D. teachers 2 K.V. Vrinda GHS Varavoor A1/5905/08 Dt. 02-03-2009 Inter Dist. Transfer 3 Lissy O.S. GHS, Marathencode A1/5905/08 Dt.21-1-2009 Inter Dist. Transfer 4 Xavier Joseph GHS Theyyur A1/ 17932/08 Dt. 21-01-09. Direct Recruitment 5 Sindhumol M.K. GHS, Kannettupadam A1/5905/08 Dt.21-01-09 Inter Dist. Transfer 6 Padma N. GHS, Pazhayannur A1/23469/08 Dt. 23-01-09 Re-admitted for duty After L.W.A. Therefore the petitioner is not entitled to get any reliefs as prayed for in the writ petition. As stated above, the Direct Recruitees are far in excess against the quota earmarked for them. Therefore in the light of the decision rendered by this Hon'ble Court and in accordance with the rules in force they are not entitled W.P(C) No. 38013 of 2008 -4- to get any further vacancies. Therefore the Writ Petition is devoid of merit and may be liable to be dismissed.” 4. The petitioner has not been able to provide any material to contradict the above averments of the 1st respondent. In fact, the materials produced by the petitioner in the writ petition has been effectively countered in the counter affidavit. That being so, I do not think that there was any vacancy which could have been reported to the PSC for further appointment from the rank list. In the above circumstances, I do not find any merit in the writ petition and accordingly the writ petition is dismissed. The PSC would treat the vacancies reported as cancelled. S. SIRI JAGAN, JUDGE rhs