IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 28446 of 2008(J) -------------------------- PETITIONERS: --------------- 1. A.P. SREEJA, W/O. P.ASHOKAN, PONNARIYAN HOUSE, UDIYOOR, KASARAGOD DISTRICT. 2. RENJITH . K., AGE 31 YEARS, S/O.LATE ACHYUTHAN, 'CHAITANYA' NILESHWAR, KASARAGOD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD. 3. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. GOVERNMENT PLEADER MR. A.J. VARGHESE FOR R1-2 R3 BY S.C. MR. ALEXANDER THOMAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 28446 OF 2008 J = = = = = = = = = = = = = = = Dated this the 29th day of October 2008 J U D G M E N T The petitioners are included in the ranked list for the post of HSA (English) in Kasaragode District. Ext. P1 is the ranked list that was published initially. Subsequently by Ext. P3 judgment this Court directed the PSC to publish additional ranked list including sufficient candidates for advising against vacancies that are likely to be reported. It is stated that in pursuance to that judgment, Ext. P4 short list has been published and the petitioners have been included in the list. It is contended by the petitioners that there are 51 vacancies of HSA (English). To substantiate this plea, they are relying on Exts. P6 to P14 which according to the petitioners gives the details of 13 vacancies. 2. Petitioners also would contend that it was by Govt. Order dated 7.1.2002 that the cadre of HSA (English) was created and that it was by GO(MS) 144/05/Gen. Edn. dated 7.5.2005, the W.P.(C) No. 28446 OF 2008 -2- Government have fixed the quota earmarked for direct recruitment, inter-district transfer, post-conversion, promotion for P.D. teachers and promotion from ministerial staff and that the respective percentage was also specified therein. The said Govt. Order further provided that in the absence of eligible candidates in the categories of inter-district transfer and promotion of P.D. teachers, such vacancies shall also be considered for post-conversion. Again, counsel invites my attention to G.O.(MS) 446/05/Gen.Edn. dated 16.12.2005 where it was ordered that in the absence of qualified hands to be posted on inter-district transfer and conversion of posts as contemplated in the Govt. Order referred to above, the vacancies shall be reported to the P.S.C. to fill up such vacancies. 3. According to the learned counsel, therefore, if candidates are not available in the aforementioned two categories, those vacancies will go to post-conversion quota and in the absence of candidates in that quota, those vacancies will have to be reported to the P.S.C. So reported, it is contended, that several candidates in the additional ranked list will be advised against those vacancies W.P.(C) No. 28446 OF 2008 -3- and that the benefits thereof will ultimately enure to the petitioners. 4. However, the learned Govt. Pleader, referring to the counter affidavit filed, submits that though there are 8 vacancies available, 12 vacancies are kept apart for candidates belonging to reservation communities as per the direction of the P.S.C. It is stated that 4 more vacancies are required for providing the 12 vacancies set apart. Thus the contention appears to be that as at present though 8 vacancies are available, petitioners cannot claim that the vacancies should be reported or that the candidates like them should be advised against those vacancies. If as stated by the State, these vacancies are set apart to be filled up from reservation communities, necessarily, it is for the respondents to fill up the same from the categories to which those vacancies legitimately belong. 5. In the penultimate paragraph of the counter affidavit it is also stated that in addition to the 12 vacancies mentioned above, if additional vacancies arise, those will be reported and filled up. Therefore, all that is possible in this case is to clarify that in addition to the 12 vacancies mentioned in paragraph 5, if additional W.P.(C) No. 28446 OF 2008 -4- vacancies are available, the same will be ascertained by the 2nd respondent and reported in terms of the special rules referred to above and that suitable candidates will be advised from out of the list that is available with the P.S.C. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-