IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 3734 of 2009(T) -------------------------------------- PETITIONER(S): ----------------------- 1. SANTHOSH LAL.S., SANTHOSH BHAVAN, VAYAKANCHI ROAD, ANAPPARA P.O., THIRUVANANTHAPURAM - 695 551. 2. SINU B.S., "NANDANAM", BHOOTHAKULAM P.O. PARAVUR, KOLLAM. 3. SUNITHA G.S., SUNITHA BHAVAN, PERUKAVU, PEYAD P.O., THIRUVANANTHAPURAM. 4. DHANYA S.P., "PANKAJ", T.C.30/16-1, KADAKAMPALLY ROAD, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029. 5. GANGA V.R., VALAYAPPALLIL, VADAKKUM BHAGOM, CHAVARA SOUTH, KOLLAM - 691 584. 6. VRINDA S.T., LITTLE COTTAGE, UDIYANKULANGARA, AMARAVILA P.O., THIRUVANANTHAPURAM - 695 122. 7. SHEEJA.S., SAM NIVAS, CHAMAVILAPURAM, MYLAKKARA P.O. THIRUVANANTHAPURAM - 695 572. 8. ANOOP M.J., SREERAGAM, MADAVOOR, MADAVOOR - PALLICKAL P.O., THIRUVANANTHAPURAM - 695 602. 9. BINDU M.L., LEKHA NIVAS, PURAVOOR, CHIRAYINKIL P.O., THIRUVANANTHAPURAM - 695 304. sts 2/- -2- WP(C)NO.3734/2009 10. ROHINI T.S., MINI VILAS, NJEKKAD, VADASSERIKONAM P.O. VARKALA, THIRUVANANTHAPURAM. BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN SRI.V.VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004. 4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, D.P.I.JUNCTION, THIRUVANANTHAPURAM. 6. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DIST. R1 & R2, R5 & R6 BY GOVERNMENT PLEADER SMT RANI DIOTHIMA R3 & R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, ALONG WITH WPC NO. 26064 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.3734/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GAZETTE NOTIFICATION DATED 26/4/2005 AS CATEGORY NO.87/2005. P2 COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST NO.204/06/SSII DATED 20/11/2006 FOR THE POST OF L.P.SCHOOL ASSISTANT (MALAYALAM MEDIUM) IN THIRUVANANTHAPURAM DISTRICT. P3 COPY OF THE LETTER NO.A4/24995/08 DATED 3/11/2008 OF THE PUBLIC INFORMATION OFFICER SENT TO ONE SRI.BASHEER. P4 COPY OF THE LETTER NO.A4/28714/08 DATED 31/12/2008OF THE PUBLIC INFORMATION OFFICER SENT TO ONE SMT.KAVITHA SURENDRAN. P5 COPY OF THE G.O.(MS) NO.133/2007/G.EDN. DATED 3/7/2007. P6 COPY OF THE LETTER ISSUED BY THE A.E.O OF KANIYAPURAM DATED 4/5/2009. P7 COPY OF THE STATEMENT ISSUED BY THE A.E.O OF PALODE. P8 COPY OF THE LETTER ISSUED BY THE A.E.O OF ATTINGAL DATED 27/4/2009. P9 COPY OF THE LETTER ISSUED BY THE A.E.O OF NEDUMANGAD DATED 30/4/2009. P10 COPY OF THE LETTER ISSUED BY THE A.E.O OF KILIMANOOR DATED 25/4/2009. P11 COPY OF THE LETTER ISSUED BY THE A.E.O OF VARKALA DATED 5/5/2009. P12 COPY OF THE LETTER ISSUED BY THE A.E.O OF THIRUVANANTHAPURAM SOUTH DATED 24/4/2009. P13 COPY OF THE LETTER ISSUED BY THE A.E.O OF THIRUVANANTHAPURAM NORTH DATED 11/5/2009. P14 COPY OF THE LETTER ISSUED BY THE A.E.O OF BALARAMAPURAM DATED 2/5/2009. P15 COPY OF THE STATEMENT ISSUED BY THE HEADMISTRESS, GOVT.HIGH SCHOOL, ANAPPARA. P16 COPY OF THE LETTER NO.DTC(3)4598/09DATED 16/7/2009 OF THE STATE PUBLIC INFORMATION OFFICER AND DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM. P17 COPY OF THE G.O.(MS)NO.133/2007/G.EDN DATED 3/7/2007. 2/- -2- WP(C)NO.3734/2009 P18 COPY OF THE LETTER NO.R4(2)18953/05 GN DATED 20/3/2006 OF THE SECRETARY, PUBLIC SERVICE COMMISSION, ADDRESSED TO THE DISTRICT OFFICER, DISTRICT OFFICE, PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. P19 COPY OF THE NOTIFICATION NO.A5(2) 4182/02/GN DATED 5/10/2009, PUBLISHED IN THE KERALA GAZETTE VOLUME LIV NO.1825 DATED 5/10/2009 BY THE PUBLIC SERVICE COMMISSION. P20 COPY OF THE RANKED LIST FOR THE POST OF U.P.SCHOOL ASSISTANTS PUBLISHED BY THE PUBLIC SERVICE COMMISSION. P21 COPY OF THE RELEVANT EXTRACT OF THE DETAILS OF THE POSITION, UNLOADED BY THE PETITIONERS FROM THE OFFICIAL WEBSITE OF THE PUBLIC SERVICE COMMISSION, CONCERNING THE U.P.SCHOOL ASSISTANT. P22 COPY OF THE G.O.(P)NO.10/10/G.EDN DATED 12/1/2010. P23 COPY OF THE LETTER NO.2804/09 DATED 9/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD. P24 COPY OF THE LETTER NO.A/2394/09 DATED 11/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR. P25 COPY OF THE LETTER NO.F.2676/09/L.DIS DATED 16/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL. P26 COPY OF THE LETTER NO.C/2004/AEO/2009 DATED 11/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VARKALA. P27 COPY OF THE LETTER NO.G 4384/2009 DATED 31/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PALODE. P28 COPY OF THE LETTER NO.C/2889/09 DATED 21/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM. P29 COPY OF THE LETTER NO.A/3589/09 DATED 28/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. P30 COPY OF THE LETTER NO.A/5322/09 DATED 22/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA. 3/- -3- WP(C)NO.3734/2009 P31 COPY OF THE LETTER NO.G/6562/09 DATED 31/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA. P32 COPY OF THE LETTER NO.A.4332/09 DATED 30/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM. P33 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL P34 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM. P34(A) COPY OF THE LETTER NO.A 4332/09 OF THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE A.E.O., BALARAMAPURAM. P35 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM. P35(A) COPY OF THE LETTER NO.C/2889/09 DATED 21/12/2009 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE AEO, KANIYAPURAM. P36 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE ASSISTANT EDUCATIONAL OFFICER,KILIMANOOR. P36(A) COPY OF THE LETTER NO.A/2394/2009 DATED 11/12/2009 OF THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE A.E.O., KILIMANOOR. P37 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., KATTAKKADA. P38 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., NEDUMANGAD. P39 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., THIRUVANANTHAPURAM SOUTH. P39(A) COPY OF THE LETTER NO.A/3589/09 DATED 28/12/2009 OF THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE A.E.O., THIRUVANANTHAPURAM SOUTH. P40 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., NEYYATTINKARA. P41 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., THIRUVANANTHAPURAM NORTH. 4/- -4- WP(C)NO.3734/2009 P42 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., PALODE. P43 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., PARASSALA. P44 COPY OF THE SCHOOL WISE VACANCIES LIST FALLING WITHIN THE A.E.O., VARKALA. P45 COPY OF THE LETTER NO.C 933/2009/AEO DATED 3/8/2009 OF THE SENIOR SUPERINTENDENT, ASSISTANT EDUCATIONAL OFFICE, VARKALA. P46 COPY OF THE LETTER NO.A/669/09 DATED 13/4/2009 OF THE PUBLIC INFORMATION OFFICER, AEO., KILIMANOOR. P47 COPY OF THE LETTER NO.C 474/09/AEO DATED 03/4/2009 OF THE SENIOT SUPERINTENDENT, ASSISTANT EDUCATIONAL OFFICE, VARKALA. P48 COPY OF THE LETTER NO.717/09 DATED 6/4/2009 OF THE PUBLIC INFORMATION OFFICER, ASSISTANT EDUCATIONAL OFFICE, ATTINGAL. P49 COPY OF THE LETTER NO.742/09 DATED 6/4/2009 OF THE PUBLIC INFORMATION OFFICER, ASSISTANT EDUCATIONAL OFFICE, KANIYAPURAM. P50 COPY OF THE LETTER NO.A 834/09 DATED 18/5/2009 OF THE PUBLIC INFORMATION OFFICER, ASSISTANT EDUCATIONAL OFFICE, NEDUMANGAD. P51 COPY OF THE LETTER NO.A 1344/09 DATED 4/4/2009 OF THE PUBLIC INFORMATION OFFICER, ASSISTANT EDUCATIONAL OFFICE, PARASSALA. P52 COPY OF THE LETTER NO.G 1281/2009 DATED 13/4/2009 OF THE ASSISTANT EDUCATIONAL OFFICER, PALODE. P53 COPY OF THE LETTER NO.1162/09 DATED 21/4/2009 OF THE ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM. P54 COPY OF THE JUDGMENT DATED 2/2/2010 OF THIS HON'BLE COURT IN WP(C) NO.17700/2007, 18832/2009, 22282/2009 AND 35940/2009. P55 COPY OF THE CIRCULAR NO.A1-28265/2005/DPI DATED 18/4/2005. P56 COPY OF THE G.O.(MS) NO.95/2008/G.EDN DATED 26/5/2008. P57 COPY OF THE JUDGMENT DATED 14/1/2011 OF THIS HON'BLE COURT IN WP(C) NO.37685/2010. P58 COPY OF THE LETTER NO.H3/21/2011 DATED 11/2/2011 OF THE 6TH RESPONDENT. 5/- -5- WP(C)NO.3734/2009 P59 COPY OF THE RELEVANT EXTRACT OF THE FILE, ENCLOSED ALONG WITH EXT.58. P60 COPY OF THE G.O.(MS)NO.8/2009/G.EDN DATED 20/1/2009. P61 COPY OF THE LETTER NO.H3/21/11 DATED 4/3/2011 OF THE PUBLIC INFORMATION OFFICER. P62 COPY OF THE RELEVANT EXTRACT OF THE FILE NO.2769/2009. P63 COPY OF THE LETTER NO.12023/H1/2010/G.EDN DATED 3/3/2011 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. P64 COPY OF THE NO.A4/2769/09 DATED 27/12/2010 OF THE 6TH RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. P65 COPY OF THE LETTER NO.A4/2769/09 DATED 27/12/2010 AND THE ADDITIONAL STATEMENT FILED BY THE 6TH RESPONDENT IN WP(C)NO.3734/2009. P66 COPY OF THE LETTER NO.H3/2756/11/K.DIS DATED 7/3/2010. P67 COPY OF THE ADDITIONAL STATEMENT IN THE ABOVE WRIT PETITION. P68 COPY OF THE LETTER NO.DTC(3)2417/11 DATED 23/4/2011 OF THE STATE PUBLIC INFORMATION OFFICER AND DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION ADDRESSED TO THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 3734/2009-T & 26064/2010-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT In these writ petitions, the petitioners seek for a direction to report the existing vacancies in the post of LPSA (Malayalam Medium) in Thiruvananthapuram District and to fill up the same from the existing rank list. By various interim orders passed in these writ petitions, this Court has directed the reporting of vacancies. 2. Learned Govt. Pleader submitted that 123 vacancies have been reported totally, which includes 100 vacancies reported as per the interim order, on 16.4.2010 and another 23 vacancies reported on 29.4.2010 and 58 candidates have been advised. 3. Learned Standing Counsel for the Public Service Commission submitted that 17 vacancies are set apart as N.C.A. vacancies for SC/ST. As it is submitted that 123 vacancies will form 65% of the total number of 189 vacancies which existed as on 1.4.2010, the remaining candidates can also be advised. Therefore, steps will be taken for advising candidates for the remaining vacancies, from out of the vacancies reported to the Public wpc 3734/09 & 26064/2010 2 Service Commission. The entire action will be completed expeditiously. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/