IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35972 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. JAYASREE.V.K. DRAFTSMAN GRADE-I (H.G), REGIONAL TOWN PLANNING OFFICE, ERNAKULAM. 2. PRADEEPKUMAR.P.G., 1ST GRADE DRAFTSMAN (H.G.) REGIONAL TOWN PLANNING OFFICER, NEAR AKG CENTRE, PALAYAM, TRIVANDRUM. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN SMT.P.A.RINUSA RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT(G) DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM. 3. THE PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM PALACE.P.O., TRIVANDRUM. 4. ARUN.G., DRAFTSMAN GRADE-II/TOWN PLANNING SURVEYOR GRADE-II DISTRICT TOWN PLANING OFFICER, PATHANAMTHITTA. GOVT. PLEADER SMT. ANU SIVARAMAN SC FOR PSC SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35972 OF 2009 (N) -------------------------------------------------- Dated this the 14th day of December, 2009 J U D G M E N T Challenge in this writ petition is against Ext.P1 ranked list for the post of Assistant Town Planner, in so far as it includes the 4th respondent at Sl.No.2. The ground urged is that he is only a 2nd Grade Draftsman and is not in the feeder category prescribed in Ext.P2 Special Rules. 2. In Ext.P2 Special Rules the Assistant Town Planner is category No.5 and method of appointment is (1) by direct recruitment and (2) by transfer from the Category of First Grade Draftsman or First Grade Town Planning Surveyor in the Kerala Town and Country Planning Subordinate Service. Note(1) to the Rule(2) reads as under. “The ratio between appointment by transfer and direct recruitment to the post of Assistant Town Planner shall be 1:1,10% of the vacancies of Assistant Town Planner set apart for by transfer appointment will be earmarked for direct recruitment from among departmental candidates with requisite qualifications. The number of posts of direct recruitees, however shall be exclusive of the posts filled by special recruitment. In the absence of suitable hand for appointment by transfer, the post shall be filled up by direct recruitment. “ (emphasis supplied) WPC.No.335972 /09 :2 : 3. A reading of the Note, therefore, shows that 10% of the vacancies set apart for by transfer appointment will be earmarked for direct recruitment, from among the departmental candidates with requisite qualifications. Therefore, in my understating this Rule provides that from out of the 50% vacancies to be filled by transfer appointment, 10% is set apart for direct recruitment departmental candidates having requisite qualification. There is no feeder category mentioned for this 10%. Petitioner has no case that the 4th respondent does not have the educational qualification. If that be so, even if he is not in the feeder category as mentioned in the Rule ,he is still eligible to be considered against the 10% quota. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.335972 /09 :3 :