IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 30240 of 2007(Y) -------------------------- PETITIONER(S): ------------------ G.N. NAMBOOTHIRI, SECRETARY (PARENT) OF PARENT TEACHERS ASSOCIATION (PTA), GOVERNMENT SANSKRIT COLLEGE, THIRUVANANTHAPURAM, RESIDING AT TC.NO.2/3059,B121, MANGANNOORKONAM, PATTOM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 & 2 SRI.ALEXANDAR THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30240/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF STATEMENT OF WORKLOAD FOR THE YEAR 2007- 08 DT 1.10.2007 OF GOVERNMENT SANSKRIT COLLEGE, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF MASS PETITION DT 20.7.07 SUBMITTED BY THE STUDENTS BEFORE THE PTA. EXT.P3: TRUE COPY OF LETTER DT 6.7.2007 OF THE 2ND RESPONDENT ADDRESSED TO THE PRINCIPAL OF THE COLLEGE. EXT.P4: TRUE COPY OF THE JUDGMENT DT 18.7.2006 OF THIS HON'BLE COURT IN WPC NO.14342/06. EXT.P5: TRUE COPY OF RANKLIST OF LECTURES IN SANSKRIT (VYAKARANA) IN THE COLLEGITE EDUCATIONAL DEPARTMENT W.E.F. 31.12.2005. EXT.P6: TRUE COPY OF G.O(P) NO.8/06 SC ST DEPT. DT 2.2.2006. EXT.P7: TRUE COPY OF THE NOTICE AND MINUTES OF THE EXECUTIVE COMMITTEE OF THE PTA HELD ON 24.9.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 30240 OF 2007 (Y) ==================== Dated this the 15th day of December, 2008 J U D G M E N T Petitioner is the Secretary of Parent Teachers Association of Government Sanskrit College, Trivandrum. The prayer that is sought for in the writ petition is to direct the 2nd respondent to immediately fill up the vacancy of teachers in Sanskrit (Vyakarana) on a permanent basis. As is seen from the statement that is filed on behalf of the 2nd respondent, they have reported two vacancies on 17/6/2004 and are awaiting advise of candidates. 2. Learned Government Pleader submits that unless candidates are advised by the PSC, it is not possible for them to fill up the posts. 3. On the other hand, PSC has stated in the review petition that three vacancies have been kept unfilled and set apart as NCA vacancies. It is stated that in respect of the post reserved for Muslim community, the same has been notified once and one candidate, who has responded to the notification is eligible. In so far as the other two posts which are reserved for SC and Latin Catholic are concerned, notifications are to be issued. 4. The picture that emerges from the review petition that is filed WPC 30240/07 :2 : by the PSC is that it will not be possible in the near future to advise candidates against the post that are set apart for NCA notification. At the same time, the situation in the College is that there are no teachers to teach the students. The Government also is in a helpless position. 5. In order to resolve this stale mate, I direct that against the vacancies that are reported by the respondents 2 and 3 in the writ petition, it will be open to the aforesaid respondents to make appointment of Guest Lecturers to man the posts pending advice of suitable candidates by the PSC. It is directed that the aforesaid respondents will take expeditious steps so that there will be sufficient number of teachers in the college. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp