IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 24221 of 2009(W) ---------------------------------------- PETITIONER(S): ---------------------- ANITHABHAI C W/O.RAJENDRAN T.V, PERUL, P.O.MATHAMANGALAM BAZAR, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI.T.T.MUHAMOOD R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24221/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANKED LIST FOR THE POST OF HSST (HINDI) SENIOR. P2:- COPY OF THE NOTIFICATION DTD. 10.11.2008. P3:- COPY OF THE QUESTIONNAIRE DTD. 21.5.2009. P4:- COPY OF THE REPLY DTD. 2.6.09. P5:- COPY OF THE ORDER DTD. 14.5.2008. P6:- COPY OF THE APPLICATION DTD. 16.6.09 SUBMITTED BY PETITIONER'S HUSBAND. P7:- COPY OF THE REPLY DTD. 25.7.09. P8:- COPY OF THE ORDER DTD. 15.9.08. P9:- COPY OF THE VACANCIES IN HSST (HINDI) SENIOR. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24221 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The petitioner is included in the rank list for appointment as H.S.S.T. (Hindi)(Senior) as rank No.15. Ext.P1 is the copy of the rank list which came into force on 12.6.2008 and is due to expire on 11.6.2011. It is the case of the petitioner that there are sufficient number of substantive vacancies to accommodate the persons like the petitioner. In that context, the petitioner has produced Exts.P3 to P8 documents. 2. In the counter affidavit filed by the second respondent various contentions have been raised. It is stated that the existing vacancies of H.S.A. (Junior) can be filled up only by transfer appointment of HSST (Junior) and by H.S.As. against the 25% quota since the 75% quota earmarked for direct recruitment has already been filled up by direct recruitment against the HSST vacancies arose during the period when there existed no qualified HSSTs (Junior) for by transfer appointment. What is stated is that there are 166 eligible HSSTs. (Junior) in Hindi who are eligible for appointment as HSSTs in Hindi now. The process can be completed only after the approval of the D.P.C. wpc 24221/2009 2 3. Along with I.A. No.1718/2011 the petitioner has produced a list of vacancies in various schools, amounting to 57. Learned counsel for the petitioner submitted that only if qualified by transfer appointees are there as on the date of occurrence of vacancies, they can be considered for appointment as HSST (Senior). 4. Therefore, all the relevant aspects will have to be considered in terms of the date of occurrence of vacancy as well as the details of HSSTs (Junior) who are qualified. Hence, it is only proper that the second respondent considers these matters in detail after hearing the petitioner also. 5. There will be a direction to the second respondent to consider the claim of the petitioner for reporting of various vacancies in terms of the relevant date, i.e. the date of occurrence of vacancies, and availability of qualified candidates under by transfer categories, etc. The petitioner will produce various materials along with a representation and along with a copy of this judgment, within a period of two weeks and the second respondent will conduct a hearing in the matter within a further period of six weeks. An appropriate decision will be taken and communicate the same to the Public Service Commission showing the details of vacancies, if any, to be filled from direct recruitment quota. The entire exercise shall be completed wpc 24221/2009 3 on or before 31.5.2011. A copy of the order to be passed, will be communicated to the petitioner also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/