IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 20575 of 2010(V) -------------------------- PETITIONER(S): --------------- SINDHU.K.S., UPSA, D.D.SABHA HIGH SCHOOL, KARIMPADAM, CHENNAMANGALAM P.O., N.PARUR - 683512. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE MANAGER, DD SABHA HIGH SCHOOL, KARIMPADAM, CHENNAMANGALAM P.O., N.PARUR-685512. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKARA, ERNAKULAM, PIN-682021. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683 101. ADV. SRI.K.JAJU BABU FOR R1 SMT.M.U.VIJAYALAKSHMI FOR R1 SRI.T.R.SADEESAN FOR R1 BY G.P.SRI.DILIP MOHAN FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.20575 of 2010 ---------------------------------------- Dated 17th August, 2010 JUDGMENT The petitioner is presently working as UPSA in DD Sabha High School, Karimpadam. This writ petition has been filed mainly with the prayer to consider and promote the petitioner as High School Assistant (Natural Science) in the leave vacancy that has arisen in DD Sabha High School on 14.6.2010 and with a further prayer to prohibit the first respondent from filling up the said vacancy by appointing a fresh hand. Admittedly, the leave vacancy has arisen on 14.6.2010. The duration of the said leave vacancy is only four months. Taking into account the assertion of the petitioner, notice on admission was issued to the first respondent - Manager. The learned counsel appearing for the Manager upon instructions submitted that the vacancy that has arisen on 14.6.2010 is having a duration of only four months and in view of the provisions under Rule 7A(3) of Chapter XIV-A of the Kerala Education Rules, the said vacancy cannot be filled up. Rule 7A(3) reads thus: “7A(3) Vacancies, the duration of which is less than one academic year, shall not be filled up.” It is submitted on behalf of the Manager that in the light of Rule 7A(3) of WP(C).No.20575/2010 2 Chapter XIV-A of the Kerala Education Rules, the vacancy cannot be filled up and therefore there is no proposal to fill up the said vacancy. This is recorded and the writ petition is accordingly, closed. C.T.RAVIKUMAR Judge TKS