IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10243 of 2010(E) -------------------------- PETITIONER(S): ----------------------- F.ISHA BEEVI, NON - VOCATIONAL TEACHER IN ENGLISH, GOVERNMENT V.H.S.SCHOOL, VADAKKADATHUCAVU P.O. PATHANAMTHITTA DISTRICT BY ADVS. MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (SPECIAL CELL) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, VADAKKADATHUCAVU P.O., PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER MR.T.T.MAHAMMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ---------------------- W.P.(C.) No.10243 of 2010 --------------------------------- Dated this the 26th day of March 2010 J U D G M E N T The petitioner while working as a ministerial staff in the vocational higher secondary service of the Government of Kerala was promoted temporarily under Rule 9(a)(i) of the KS & SSR. The petitioner has been working as such. The petitioner now submits that since 10% vacancy of non vocational teachers are reserved to be filled up from among ministerial staff of vocational higher secondary department, the petitioner is entitled to be regularised in service. The petitioner therefore seeks the following reliefs :- “ (i) to call for the entire records leading upto Ext.P4 and Ext.P5 and to quash the same to the extent it orders that Ministerial staff turned Non Vocational Teachers (in English), Vocational Higher Secondary Education Department like the petitioner working against 10% quota set apart for them to be reverted by W.P.(C) No.10243 of 2010 -2- the issuance of a writ of certiorari or any other writ, direction or order. (ii)to issue a writ of mandamus compelling the respondents to regularise the service of the petitioner as Non Vocational Teacher (in English), Vocational Higher Secondary Educational Department without conducting any further tests by the Public Service Commission. (iii)to direct the respondents to permit the petitioner to function as Non Vocational Teacher (in English), in the Vocational Higher Secondary School on a regular basis, without inducting any P.S.C., hands in her place. (iv) to issue a writ of mandamus compelling the respondents as not to revert the petitioner from the present post of Non Vocational Teacher (in English) for accommodating PSC hands.” 2. It is true that 10% of the vacancies are set apart for being filled up from among the ministerial staff as per Special Rules, but such reserved vacancies are also to be filled up only by advice from the PSC. Admittedly the petitioner is only a Rule 9(a)(i) appointee. He does not have any right to continue in that post indefinitely. A Rule 9(a)(i) appointee is liable to be terminated from service at any time. If the petitioner is entitled to apply for selection through PSC he may do so as and when the PSC invites applications for the same. In any event, this writ W.P.(C) No.10243 of 2010 -3- petition seeking regularisation of his provisional service is clearly not maintainable. Accordingly this writ petition is dismissed. S. SIRI JAGAN, JUDGE Jvt