IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 27570 of 2007(F) -------------------------- PETITIONER: ------------ PRINCY E.A., KIZHAKKEDATH HOUSE, BROTHER MISSION ROAD, TANA ,IRINJALAKUDA. BY ADV. SMT.P.V.ASHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION,GOVT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 4. LIGI C.V. CHAKKAMKANDATH HOUSE, P.O. EDATHIRUTHY, TRISSUR DISTRICT. 5. LEKHA P.S, UTHARA, EDAVACODE, SREEKARAYAM P.O.,THIRUVANANTHAPURAM, PIN 695017. ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SMT.M.R.SREELATHA SRI.GEORGE ABRAHAM FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.27570/07 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE RANK LIST. P2. COPY OF THE RELEVANT PORTION OF GOVT. ORDER DTD.23.6.07. P3. COPY OF THE LETTER DGTD.31.10.06 BY R2. P4. COPY OF THE GOVT. ORDER DTD.26.9.95. P5. COPY OF THE RELEVANT PORTION OF THE GOVT. ORDER DTD.10.1.07. P6. COPY OF THE RELEVANT PORTION OF 2005 PAY REVISION ORDER. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.27570 of 2007 ================== Dated this the 28th day of March, 2008 J U D G M E N T The petitioner is a candidate included in the rank list published by the Kerala Public Service Commission for appointment to the post of Non Vocational Teacher (Biology) in Vocational Higher Secondary Schools. An amendment has been brought in by the Government revising the workload of non vocational teachers in the State service as 15 periods instead of 15 hours and Non Vocational Teacher (Junior) in the Subordinate Service as less than 15 periods in stead of less than 15 hours. The petitioner's contention is that if a re-assessment of the number of posts, on the basis of the amendment is made, the number of Non Vocational Teacher (Junior) would be reduced to almost nil with a consequent increase in the number of posts of Non Vocational Teacher, which has not been done so far. According to the petitioner, if such reassessed vacancies are reported to the PSC, more candidates can be advised from the rank list. In the above circumstances, the petitioner seeks the w.p.c.27570/07 2 following reliefs: “a. issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondents 1 and 2 to assess the number of posts of Non Vocational Teachers required for teaching Biology in the Vocational Higher Secondary Schools under the State, in accordance with the workload as revised in Exhibit P2 and to report all the vacancies of NVT in Biology, thus arrived at, to the Public Service Commission forthwith, to direct the PSC to advise candidates against those vacancies and to further direct the 2nd respondent to appoint the candidates thus advised as NVT in Biology. b. issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondents 1 to 3 not to proceed with advice or appointment of any candidate to the post of NVT (Junior) in Biology until and unless any requirement of NVT (Junior) is found after assessment of the number of posts in accordance with the workload as revised in Exhibit P2.” 2. On the basis of the counter affidavit filed on behalf of the respondents the learned Government Pleader submits that in so far as before and after the amendment one period is one hour there would not be any change in the situation as regards the number of posts, in respect of Non Vocational Teacher and Non Vocational Teacher (Junior). Therefore, the contentions of the petitioner are not correct. The learned counsel for the petitioner would contend that if that be so, no amendment was necessary at all and once the amendment is made, the respondents were bound to reassess the number of posts available in each category. w.p.c.27570/07 3 3. I have considered the rival contentions in detail. 4. The petitioner also does not dispute the fact that before and after the amendment one period is one hour and only if one period was 45 minutes earlier, which is increased to one hour by amendment, there would be any change in the position of number of posts. Therefore, I do not find any merit in the contentions of the petitioner and accordingly, the writ petition is dismissed. However, I make it clear that this judgment would not stand in the way of respondents 1 and 2 in reassessing the number of posts, if there is occasion to do so. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge