IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WA.No.2311 of 2008 ------------------------ AGAINST THE JUDGEMENT IN WPC.28599/2008 DATED 31.10.2008 .................... APPELLANT/PETITIONER IN THE W.P.: ------------------------------------------ ANITHA J.B., HOUSE No.17, P.S.NAGAR, NEDUMANGAD P.O., THIRUVANANTHAPURAM. BY MR.ELVIN PETER P.J., ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. BY MR. BENNY GERVASIS, GOVERNMENT PLEADER. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.2311 OF 2008 ------------------------------------------ Dated this the 16th day of February, 2009. J U D G M E N T Kurian Joseph, J. The appellant is the petitioner in W.P.(C) No.28599/2008. The writ petition was filed praying for a direction to report 36 vacancies of H.S.A (Maths) available in Kozhikode District and to advice the candidates accordingly. The learned Single Judge disposed of the writ petition directing the Deputy Director of Education, Kozhikode to make proper assessment of the vacancies and complete the process in a time bound manner. Aggrieved, the writ appeal. 2. When the writ appeal came up before us, we directed the Government Pleader to file a statement showing the vacancy position. In the statement dated 12.01.2009, it is stated that the cadre strength of H.S.A. (Maths) in Kozhikode District for the year 2008-2009 is 279 and the number of posts available to the W.A.No.2311/2008 2 direct recruits is only 139. As a matter of fact, the current strength of the direct recruits is 237. In that view of the matter, we need not embark upon an enquiry as to the various submissions made by the learned counsel for the appellant that 8 more vacancies are to be reported etc. Even if 38 vacancies are reported also, it is not going to enure the benefits of direct recruits since they are far ahead of their quota. Therefore, there is no merit in the appeal. It is accordingly dismissed. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.2311/2008 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No. 2311 OF 2008 J U D G M E N T 16.02.2009