IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 24606 of 2007(D) --------------------------------------- PETITIONERS: --------------------- 1. H. ROOPESH, AGED 29 YEARS, S/O. HARIDAS, RESIDING AT ANJILIPARAMBIL HOUSE, KUTHIRAPANDY WARD, THIRUVAMPADY P.O., ALAPPUZHA, PIN-688 002. 2. THOMAS JACOB K., KARUKANCHERIL, THIRUVARPPU P.O., KOTTAYAM-686 033. BY ADV. SRI.S.JAYAKRISHNAN. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTINAGAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. T.T. MOHAMOOD FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24606/2007-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DTD. 30/05/2005. EXT.P.2: COPY OF THE JUDGMENT DTD. 12/06/2006 IN W.P.(C). NO. 14081/2006. EXT.P.3: COPY OF THE ORDER DTD. 26/08/2006. EXT.P.4: COPY OF THE COMMUNICATION DTD. 06/03/2007 ISSUED TO THE P.1. EXT.P.5: COPY OF THE COMMUNICATION DTD. 10/05/2007 ISSUED BY THE INFORMATION OFFICER ATTACHED TO THE 2ND RESPONDENT'S OFFICE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. ===================== W.P.(C) NO.24606 OF 2007 (D) ==================== Dated this the 23rd day of October, 2008 J U D G M E N T Petitioners are UPSA's in Government Schools. 2. According to them they are qualified to be appointed as Higher Secondary School Teachers in terms of the special rules. Referring on Exts.P4 and P5 petitioners submit that there are 85 vacancies of H.S.S.T (Srs) and Jrs. and they seek a direction to the respondents to initiate steps for appointment to those vacancies. 3. Admittedly, appointments in the category of Higher Secondary School Teachers are governed by Special Rules. In terms of this, 25% of the vacancies alone are earmarked for this category and that too in the absence of qualified persons in Category No:1 of the rules. Therefore, if as stated by the petitioner vacancies are there, necessarily seniority list will have to be prepared and process for filling up the vacancies will have to be initiated. However, since the petitioners are UPSA's, they can claim appointment only in the manner as provided in the special rules. WPC 24606/07 :2 : 4. So the only direction that is possible is that the respondents shall take necessary steps for filling up of vacancies in the manner as provided in the special rules. This the respondents shall do as expeditiously as possible. Writ petition is disposed of with the above directions. ANTONY DOMINIC, JUDGE jj