IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 5907 of 2010(K) PETITIONER: GEETHALAKSHMI, AGED 33 YEARS, W/O.K.P.SHIBU, RESIDING AT KANNAVEETTILHOUSE, EDAVANAKKAD P.O., ERNAKULAM - 682502. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER SECONDARY EDUCATION DEPARTMENT 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER MS.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 5907 OF 2010 K ------------------------------------------------------ Dated this the 13th day of September, 2010 JUDGMENT The petitioner applied for direct recruitment to the post of Higher Secondary School Teacher (Senior) - Social Work in response to Ext.P1 advertisement containing the notification. The petitioner was included in the rank list, her rank being No.8. It is stated that four candidates were advised on 12.3.2008 from Ext.P2 list. Thereafter, four more vacancies were reported and two candidates were advised on 18.5.2009. According to the petitioner, there are nearly ten vacancies in sanctioned posts of HSST (Sr.) - Social Work. This statement is made on the basis of Ext.P4 information collected by the petitioner under the Right to Information Act. Pointing out the facts as revealed from Ext.P4, the petitioner submitted Ext.P5 representation dated 28.1.2010 to the first respondent. 2. The relief prayed for by the petitioner is to issue a writ of W.P.(C) NO.5907 OF 2010 :: 2 :: mandamus to the first respondent to report the vacancies in the post of HSST (Sr.) - Social Work to the second respondent. 3. A statement is filed on behalf of the first respondent, wherein it is stated as follows: “The total cadre strength of Higher Secondary School Teacher (Social Work) in Kerala Higher Secondary Education Department is 25. At present, the number of teachers working are 16. Out of the same, 13 teachers are direct recruitees and 3 are the teachers appointed under the mode of by transfer appointment. The vacancies available is 9. Out of the same, 4 vacancies have already been reported to the Public Service Commission against which the Public Service Commission has issued N C A Certificate in respect of 2 vacancies. Against the balance 2 vacancies, the Public Service Commission has not advised any candidates so far. Balance vacancies available is 5. Out of the above said 5 vacancies, 4 vacancies have already been set apart for by transfer appointment since the same is a due share for the by transfer appointment. Against the vacancies set apart for by transfer appointment, one vacancy is from the seniority list prepared in respect of the vacancies up to 31.7.2008 and the remaining 3 vacancies will be filled up from the seniority list prepared W.P.(C) NO.5907 OF 2010 :: 3 :: in respect of the vacancies upto 31.7.2009. One LWA vacancy which is available in the department has already been reported to Public Service Commission on 20.3.2009. Therefore, it is evidently clear that the entire vacancies have already been set apart including the vacancies for direct recruitment. At present there are no vacancies in the department which can be reported to the P.S.C.” 4. The petitioner has filed a reply affidavit, wherein it is stated as follows: “2. It is respectfully submitted that the cadre strength of the HSST (Senior) Social Work is 26 and not 25. A list of the schools where there are sanctioned posts of HSST Social Work is produced herewith and marked as Exhibit P6. It may also be noted that there are currently 4 teachers who are appointed by transfer. Teachers working at schools numbered as 14 to 17 in Exhibit P6 are appointed by transfer. 3. It is also submitted that irrespective of whether the cadre strength is 25 or 26, only 6 posts can be set apart for appointment by transfer since the ratio prescribed by the special rules is 1:3 between transfer and direct recruitment. Only two more posts can be kept W.P.(C) NO.5907 OF 2010 :: 4 :: apart for transfer appointment and not four as stated. It is also submitted that the statement that seniority lists have already been prepared for appointment by transfer is not correct.” It is also stated in the reply affidavit that there are atleast two more vacancies which are available for direct appointment. Disputed questions of fact are involved in the Writ Petition. In a Writ Petition, normally, disputed questions of fact cannot be resolved. In the nature of the dispute, a specific direction cannot be issued to the first respondent to report any particular number of vacancies to the Public Service Commission. 5. In the facts and circumstances of the case, it is only appropriate to direct the first respondent to dispose of Ext.P5 representation in the light of the averments in the Writ Petition, counter statement, reply affidavit and also Ext.P6. If there is any vacancy to be reported, the Director shall report the vacancy to the second respondent. 6. The petitioner shall produce a copy of the Writ Petition, copy of the statement and copy of the reply affidavit along with the W.P.(C) NO.5907 OF 2010 :: 5 :: certified copy of the judgment before the first respondent. The first respondent shall pass appropriate orders within a period of two months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/