IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 24476 of 2008(L) -------------------------- PETITIONER(S): ------------------ 1. LALAN V.M., ANANDA BHAVANAM, CHERTHALA SOUTH P.O., CHERTHALA, ALAPPUZHA DIST. 2. SREEJITH A.T., AVITHAREMMAL, AYANIKKAD P.O., KOZHIKODE - 673 521. 3. MATHEW THOMAS, KANJIRAVILAYIL, T.C.6/11, PRASANTH NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 1. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 GOVT.PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24476/08 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE RANKED LIST FOR APPOINTMENT TO THE POST OF HSST(PHYSICS) PUBLISHED BY THE P.S.C. EXT.P2: TRUE COPY OF THE COMMUNICATION DT 13.3.2008 SENT BY THE STATE PUBLIC INFORMATION OFFICER TO SRI.ANIL KUMAR. EXT.P3: TRUE COPY OF THE COMMUNICATION DT 4.7.2008 SENT BY THE STATE PUBLIC INFORMATION OFFICER TO SRI.PRAVEEN KUMAR. EXT.P4: TRUE COPY OF THE STATEMENT SHOWING THE NAMES OF 95 GOVT.HIGHER SECONDARY SCHOOLS, WHERE VACANCIES OF HSST (PHYSICS) EXIST. EXT.P5: TRUE COPIES OF THE CERTIFICATES GIVEN BY THE PRINCIPALS OF 90 GOVT.HIGHER SECONDARY SCHOOLS. EXT.P6: TRUE COPY OF THE APPLICATION DT 1.12.2007 SUBMITTED BY SRI.ANIL KUMAR. EXT.P7: TRUE COPY OF THE COMMUNICATION DT 14.1.2008 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER. EXT.P8: TRUE COPY OF THE NOTIFICATION DT 30.9.2008 OF THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 24476 OF 2008 (L) ==================== Dated this the 21th day of November, 2008 J U D G M E N T Petitioners are included in Ext.P1 ranked list published by the PSC for the post of HSST Physics. They are rank numbers 139, 189 and 194 in the main list. According to them, there are about 95 vacancies available and this submission is made referring to Ext.P4 statement and Ext.P5 series of certificates obtained from the Principals of the Higher Secondary Schools. 2. It is also the petitioners case that there is none in the category of HSST Junior to fill up the vacancies, and therefore, the post will have to be filled up by transfer and by direct recruitment as provided in Rule 3 of the Special Rules for Kerala Higher Secondary Education State Service. Therefore, what they are now seeking is that out of the 95 vacancies which are available, 3/4th should be reported to the PSC, for advising candidates from Ext.P1 ranked list. 3. The learned Government Pleader on the other hand on instruction would submit that as on 4/6/08, 19 vacancies were reported and that candidates were advised. It is also her case that subsequently on 19/8/2008 and 29/9/2008, 8 and 2 NJD vacancies were also reported and WPC 24476/08 :2 : advice is awaited. 4. Irrespective of the controversies about the exact number of vacancies that are available, the fact remains that the post will have to be filled up in terms of Rule 3 of Special Rules. Therefore, it is essentially for the 2nd respondent to assess the vacancies, if any available, to be filled up by the method of direct recruitment and if vacancies are so available, the same will have to be reported to the PSC. Therefore, the writ petition is disposed of directing the 2nd respondent to assess the vacancies, if any, available to be filled up by direct recruitment and on such assessment, the vacancies which are found to be available to be filled up by direct recruitment, shall be reported to the PSC without any further delay in this matter. ANTONY DOMINIC, JUDGE Rp