IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 7780 of 2008(A) PETITIONER: ------------ SAROJINI MATAPPURAKKAL AGED 41 YEARS, D/O. GOVINDAN, KAVIL HOUSE, KEEZHALLUR P.O., KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION KANNUR. 3. THE KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION KANNUR. R1 & R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE SC FOR PSC SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 7780 OF 2008 A -------------------------------------------- Dated this the 4th June, 2008 JUDGMENT The petitioner's name is included in the rank list for the appointment to the post of HSA (Malayalam) as rank No.36. According to the petitioner, there would be about 50 vacancies of HSA (Malayalam) in Kannur District, 50% of which are liable to be filled up by direct recruitment. It is not disputed that as per the rules relating to appointment to the cadre of HSA, 30% of the vacancies are to be effected by direct recruitment, 30% by inter district transfer, 30% by promotion and 10% by promotion from ministerial service. 2. The reliefs prayed for in the Writ Petition are for the issue of a writ of mandamus directing the second respondent - Deputy Director of Education, Kannur, to report 25 vacancies of HSA (Malayalam) to the Public Service Commission forthwith and for directing the fourth respondent - The District Officer, Kerala Public Service Commission, Kannur, to issue advice memo to the candidates immediately on receipt of the report of the vacancies. 3. On behalf of the second respondent, Deputy Director of Education, Kannur, a counter affidavit is filed, in which, it is stated that in W.P.(C) NO.7780 OF 2008 :: 2 :: Kannur District, the total cadre strength, after finalization of staff fixation, is 236. The present status of different categories is also shown in the counter affidavit, as per which, as against the permissible strength of 71 posts representing 30% for direct recruitment, 159 teachers are working as per direct recruitment. It is also stated that if the relief as prayed for by the petitioner is granted, it would adversely affect the candidates belonging to other categories and who are waiting for appointment. It is further stated that, at present, there are only four substantive vacancies in Kannur District, apart from the eleven vacancies reported to the Public Service Commission for appointment of ministerial staff. In the counter affidavit it is also stated that the second respondent has already reported 40 vacancies to the Public Service Commission for advice and for appointment and all of them were given appointment and they have joined duty. In the light of the facts disclosed in the counter affidavit, I am of the view that the petitioner is not entitled to any of the reliefs prayed for in the Writ Petition. Accordingly, the Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/