IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 24672 of 2007(K) --------------------------------------- PETITIONER(S): ------------------------- 1. JYOTHI S.NAIR, T.C.64/1820, JYOTHIS, MADATHIL NADA, THIRUVALLA. 2. RATHEESH KUMAR L.P., RATHEESH BHAVAN, AICKADU, KODUMAN P.O., PATHANAMTHITTA. BY ADV. MR.NAVEEN.T RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER SMT.T.B.RAMANI R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24672/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION INVITING APPLICATIONS FOR APPOINTMENT TO THE POST OF LECTURERS IN SOCIOLOGY ISSUED BY THE P.S.C. P2:- COPY OF THE RANKED LIST FOR APPOINTMENT TO THE POST OF LECTURERES IN SOCIOLOGY PUBLISHED BY THE P.S.C. P3:- COPY OF THE PROPOSAL DTD. 24.2.07 SENT BY THE 2ND RESPONDENT TO THE IST RESPONDENT. P4:- COPY OF THE ORDER G.O. DTD. 13.9.93 ISSUED BY THE GOVT. P5:- COPY OF THE REPRESENTATION FILED BY THE P.S.C. RANK HOLDERS ASSOCIATION TO THE 2ND RESPONDENT. P6:- COPY OF THE ADVICE MEMO DTD. 27.12.07 ISSUED BY the P.S.C. TO THE IST PETITIONER. P7:- COPY OF THE ORDER DTD. 24.1.08 ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE ORDER DTD.16.8.08 ISSUED BY THE 2ND RESPONDENT. P9:- COPY OF THE APPLICATION DTD. 6.2.09 SUBMITTED BY THE IST PETITIONER. P10:- COPY OF THE COMMUNICATION DTD. 27.2.09 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, K.P.S.C. P11:- COPY OF THE COMMUNICATION DTD. 6.4.09 ISSUED BY THE APPELLATE AUTHORITY, K.P.S.C. P12:- COPY OF THE REPRESENTATION DTD. 26.3.09 SUBMITTED BY THE IST PETITIONER BEFORE THE P.S.C. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24672/2007-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of November, 2009 J U D G M E N T The petitioners seek for a direction to the first respondent to create/sanction four vacancies of Lecturers in Sociology each in the four Government Law Colleges on the basis of Ext.P3 recommendation; Ext.P4 Government Order and; also on the basis of availability of workload. There is a further prayer to direct the second respondent to report the vacancies thus created/sanctioned for making advice and appointment from Ext.P2 ranked list. 2. The second respondent has filed a counter affidavit and on 18/09/2009 an additional counter affidavit has also been filed. Going by the averments in the additional counter affidavit, it is evident that there were only three sanctioned posts of Lecturers in Sociology in the Department and as no vacancy was existing, no vacancies were reported to the Kerala Public Service Commission prior to the publishing of rank list on 17/04/2006. A vacancy of Lecturer in Sociology arose, on deputation of one Smt.P.K.Rejula, Lecturer in Sociology, for a period of one year in Kerala State Women's Commission, and the said vacancy was reported to the P.S.C on 02/11/2007. Accordingly, the first petitioner was advised as per W.P.(C). No.24672/2007 -:2:- Ext.P6. Even though she was appointed, she was ousted from service on 03/09/2008 for want of vacancy consequent on the rejoining of Smt.P.K.Rejula, Lecturer in Sociology, after expiry of the term of deputation. It is further pointed out that there is no vacancy at present and also in the near future. 3. In that view of the matter, the petitioners are not entitled for a direction to report any vacancies. 4. The learned counsel for the petitioners submitted that the Government may be directed to take a decision on Ext.P3 proposal to create additional posts of Lecturers in Sociology. 5. The learned Government Pleader submitted that the said request had already been rejected by the Government as averred in the counter affidavit. Therefore, there cannot be any direction to create any additional posts as requested in Ext.P3 proposal, as on today. 6. Therefore, it is upto the Government to take a decision in terms of any future requirements as and when it is brought to their notice. The writ petition is, accordingly, disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms