IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36413 of 2007(I) -------------------------- PETITIONER(S): --------------- 1. BEENA A.K., AREEKKARA HOUSE, EDAVANNAPPARA, CHERUVAYOOR P.O., VAZHAKKAD VIA, MALAPPURAM DISTRICT. 2. SHIBU M., PUTHENPURAKKAL HOUSE, ANAKKAYAM P.O., PIN-676 509, MALAPPURAM DISTRICT. 3. BIJU JOSE K., KANJIRATHINGAL HOUSE, ENAMAKKAL P.O., THRISSUR DIST. 4. JITHESH P., PATHIRIKODE HOUSE, PATHINYAL P.O., MANJERI VIA, MALAPPURAM DIST - 676 123. 5. SHEENA K., KUNIYIL HOUSE, VELUR P.O., ATHOLI, KOZHIKODE DIST.-673 315. 6. ROSHNI B., 'POOVATHIRI', MAVOOR P.O., KOZHIKODE DISTRICT. 7. BABY SINDHU P., MELEKANAKKENCHERY HOUSE, KUNNAMANGALAM P.O., KOZHIKODE DIST., PIN-673 571. 8. HANEESH E., ELAVEETTIL HOUSE, PALLIKKAL P.O., MALAPPURAM DIST., PIN-673 653. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. GOVERNMENT PLEADER FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ext.P1. True copy of the ranked list of candidates for the post of High School Assistant (Maths) in the Education Department, in Malappuram District. Ext.P2. True copy of the G.O.(Ms)No.11/2002/G. Edn. dated 7.1.2002. Ext.P3. True copy of the statement, downloaded by the petitioner containing the details of the candidates, in Malappuram, advised for the post of H.S.A(English) HSA (Physical Science)HSA (Social Science) HSA(Natural Science) and H.S.A (Mathematics) by the Public Service Commission as on 18.10.2007. Ext.P4. True copy of the letter Np.E1/7099/07 dated 3.4.2007. Ext.P4(a) True copy of the statement containing the details sought for by the applicant Sri. Jithesh C.K. along with the lists of Government High Schools in Malappuram District and the High School Assistants, who had retired on 31.3.2007. Ext.P5. True copy of the letter No.1/35427/07 dated 9.11.2007 issued by Public Information Officer, Office of the Deputy Director of Education, Malappuram. Ext.P6. True copy of the statement containing the details of vacanices that had arisen in HSA (Maths) by way retirement promotion as HM/AEO, promotion as HSST and the existing as well as arising in 41 Government Schools in Malappuram District. Ext.P7. True copy of the notification inviting application for appointment to the post of HSA (Maths) in Malappuram District, published in the Mathrubhoomi Thozhil Vartha dated 10.11.2007 // true copy // P.A to Judge. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.36413/2007 ------------------------ Dated this the 12th day of December, 2008. JUDGMENT Prayer in this writ petition is to report the vacancies in the cadre of HSA(Maths) in Malappuram district, in respect of which Ext.P1 ranked list has been published by the PSC. The second respondent has filed a statement and paragraph 2 of the statement reads as under. "It is submitted that this respondent is not in a position to report any of the vacancies to the PSC, since there are excess teachers working the cadre of HSA(Maths). The total cadre strength of HSA (Maths) in Malappuram district is 448 against which 439 candidates were direct recruitees through PSC. The cadre strength of HSA(Maths) and number of HSAs working in different methods of appointment are shown below. WP(c).No.36413/2007 2 Cadre Method of appointment made strength ------------------------------------------------------------------- PSC Promotion Inter Dist. By Trans- P.H Spl. Total Transfer fer appoint recruit ment ment ---------------------------------------------------------------- 448 439 21 15 2 3 3 483 ---------------------------------------------------------------- Therefore, it is clear that against the cadre strength of 448 the number of teachers working are 483 from which it can be seen that there are 35 excess teachers working in the cadre of HSA(Maths). Apart from that the number of teachers appointed through PS exceeds the quota(50%). Therefore, no further appointment through PSC is possible." 2. From this it is obvious that as against the cadre strength of 448, at present thee are 483 teachers working as on 11.3.2008. It is also obvious that, there is over representation in the category of direct recruitment. It is for these reasons, the 2nd respondent contends that no further WP(c).No.36413/2007 3 reporting of vacancies is possible. In view of the aforesaid factual position and also for the reason that there is no vacancy available, the direction sought for cannot be granted. The writ petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No.36413/2007 4 (ANTONY DOMINIC) JUDGE vi/ WP(c).No.36413/2007 5