IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 32115 of 2006(W) ------------------------------------ PETITIONER(S): --------------------- 1. SAJEEV KUMAR.S. S/O.N.SAHADEVAN, AGED 38 YEARS, L.D.CLERK, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, CHERIAZHEEKKAL, KARUNAGAPPALLY. 2. C.K.SUMADEVI, W/O.G.BABU, AGED 43 YEARS, L.D.CLERK(HIGHER GRADE), DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. SREEPRASAD.B. S/O.K.BALAKRISHNAN, AGED 33 YEARS, L.D.CLERK, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. T.T.MUHAMOOD FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32115/2006 W APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO RT NO. 566/97/G.EDN OF THE GOVT. DT. 20/2/97. EXT.P2. COPY OF THE GO RT NO. 3736/97/G.EDN DT. 28/10/97. EXT.P3. COPY OF THE APPLICATION FILED BEFORE THE R2 BY THE P1. EXT.P3A. COPY OF THE -DO- BY THE P2. EXT.P4. COPY OF THE ORDER OF THIS COURT IN WPC NO. 12135/2005 DT. 16/08/2006. EXT.P5. COPY OF THE MINUTES FOR THE MEETING NO. 67702/SC-1/04/G.EDN DT. 10/5/06 . EXT.P6. COPY OF THE OPINION OF THE DIRECTOR (NO. C2/044/06 OF THE DIRECTOR) DT. 31/10/2006. EXT.P7. COPY OF THE REPRESENTATION FILED BEFORE THE GOVT. BY THE P1 DT. 09/11/2006. EXT.P7A. COPY OF THE -DO- BY THE P2 DT. 15/11/2006. EXT.P7B. COPY OF THE -DO- BY THE P3 DT. 15/11/2006. EXT.P8. COPY OF THE PETITION FILED BEFORE THE R2 BY THE P1 DT. 2/2/2009. EXT.P9. COPY OF THE -DO- BY THE P3 DT. 2/2/2009. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.32115 of 2006 -------------------------------------- Dated 30th March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioners and Sri.T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioners are Ministerial Staff employed in Government Vocational Higher Secondary Schools/Directorate of Vocational Higher Secondary Education Department. In this writ petition, they claim appointment by transfer as Vocational Teachers in the 10% quota earmarked for Ministerial Staff of Vocational Higher Secondary Department by Ext.P1 Government order dated 20.2.1997. After Ext.P1 Government order was issued, the Kerala Vocational Higher Secondary Education State Service Rules, 2004 was issued and published in the gazette dated 12.3.2004. As per the said rules also the post of Vocational Teacher has to be filled up by transfer from qualified Vocational Instructors in the subordinate service of the Department, by transfer from qualified Ministerial Staff in the subordinate service in the Department and by direct recruitment in the ratio of 2:1:7. There is a further stipulation that if sufficient number of qualified persons are not available for appointment by transfer either from qualified Vocational WP(C).No.32115/2006 2 Instructors or from qualified Ministerial Staff, such vacancies shall also be filled up by direct recruitment. 3. After this writ petition was filed, the second petitioner was appointed by transfer as Vocational Teacher. The petitioners' submission is that claiming appointment by transfer as Vocational Teacher, petitioners 1 and 3 have submitted Exts.P8 and P9 representations before the Director of Vocational Higher Secondary Education. The learned counsel appearing for the petitioners submits that this writ petition may be disposed of with a direction to the Director of Vocational Higher Secondary Education to consider the request made by petitioners 1 and 3 in Exts.P8 and P9 and pass orders thereon within a time limit to be fixed by this Court. 4. The learned Government Pleader appearing for the respondents submits that the Vocational Teachers can be appointed by transfer only after an eligibility test is held by the Kerala Public Service Commission. He further submits that the petitioners cannot be regularly promoted otherwise than by holding an eligibility test. 5. The question whether having regard to the cadre strength and the quota fixed for Ministerial Staff of the Vocational Higher Secondary Education Department, vacancies of Vocational Teachers exist against which the petitioners and similarly placed WP(C).No.32115/2006 3 persons can be appointed by transfer is primarily a matter to be decided by the Director of Vocational Higher Secondary Education. It is also for the said officer to decide whether pending selection by the Kerala Public Service Commission by holding an eligibility test, the petitioners can be temporarily appointed by transfer as Vocational Teachers under Rule 9(a)(i) of Part II of the KS & SSR. The petitioners have not joined the Kerala Public Service Commission as a party to this writ petition. Therefore, this Court cannot direct the Kerala Public Service Commission to conduct the eligibility test. In these circumstances, I dispose of this writ petition with the following directions: The Director of Vocational Higher Secondary Education shall ascertain the vacancies of Vocational Teachers reserved to be filled up by transfer of qualified Ministerial Staff in the Vocational Higher Secondary Education Department and also by transfer of qualified Vocational Instructors. After ascertaining the vacancies, the Director of Vocational Higher Secondary Education shall request the Kerala Public Service Commission to hold an eligibility test, if such request has not so far been made. This shall be done within three months from the date of receipt of a certified copy of this judgment. The Director of Vocational Higher Secondary Education shall after the WP(C).No.32115/2006 4 Kerala Public Service Commission conducts the eligibility test and prepares the ranked list of candidates, make regular appointments to fill up the quota reserved for Vocational Instructors/Ministerial Staff by appointing the candidates selected by the Kerala public Service Commission. In the meanwhile, the Director of Vocational Higher Secondary Education shall consider whether petitioners 1 and 3 can be provisionally appointed by transfer as Vocational Teachers. While considering the claims of petitioners 1 and 3, the claims of their admitted seniors also shall be considered. A decision in that regard shall be taken and orders passed in any case within three months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN Judge TKS