IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 32177 of 2010(V) -------------------------- PETITIONER(S): --------------- RANJITH.R.S, WORKING AS L.P.S.A., KALLUR GOVERNMENT HIGH SCHOOL, NOOLPUZHA, SULTHAN BATHERY, WAYANAD DISTRICT, (RESIDING AT KAVITHABHAVAN, ODAPPALLAM, VALLUVADY P.O., SULTHAN BATHERY). BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (HIGHER SECONDARY) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. THE ADMINISTRATIVE OFFICER, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.32177 of 2010 --------------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT The petitioner is working as LPSA in Kallur Government High School, Noolpuzha. As per the special rules for Kerala Higher Secondary School Education, the method of appointment of HSST & HSST (Junior) specifies that in the absence of qualified hands from the category of HSST (Junior), the vacancies shall be apportioned in the ratio of 1:3 between appointment by transfer and direct recruitment. By transfer appointment is to be made from High School Assistants who possess the requisite qualification in the subject concerned. In the absence of qualified High School Assistants, UPSAs and LPSAs can be considered for by transfer appointment. 2. It is stated in the Writ Petition that applications were invited from HSAs, UPSAs and LPSAs for being appointed as HSSTs, as per the notification dated 30.9.2008 issued by the third respondent. The petitioner applied to the post. In the draft seniority list, the name of the petitioner is not included. The WPC No.32177/2010 2 petitioner submitted Exhibit P9 representation dated 9.3.2010 to the third respondent. Exhibit P9 is not disposed of by the third respondent. 3. The prayer in the Writ Petition is to issue a direction to the third respondent to consider and dispose of Exhibit P9 representation. There is also a prayer to issue a direction to the first respondent to consider the matter and to issue necessary orders as was done by the Government in the previous years. However, there is no request pending before the Government at the instance of the petitioner or anybody similarly situated. Therefore, relief No.(ii) in the Writ Petition need not be considered. 4. As far as relief No.(i) is concerned, the learned Government Pleader submitted that as on the date of notification, the petitioner was not qualified as his probation was not declared. Only those persons who were qualified, were included in the draft seniority list. It is submitted that the petitioner cannot as of right claim appointment as HSST or inclusion in the final seniority list, since he was not qualified as on the relevant date. 5. The learned counsel for the petitioner submitted that in WPC No.32177/2010 3 the previous years, the Government issued certain orders protecting such candidates similarly situated as the petitioner and included them in the final list. It is not necessary to consider all these contentions in the Writ Petition. Without expressing any opinion on the merits, the Writ Petition is disposed of directing the third respondent to consider Exhibit P9 representation submitted by the petitioner, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. It is made clear that I have not expressed any opinion on the merits and the third respondent is free to dispose of Exhibit P9 representation on the merits in accordance with law. K.T.SANKARAN JUDGE csl