IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 26560 of 2007(J) -------------------------------------- PETITIONER: ------------------- JASMIN.S, ARYA, SARKARA, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM, AND ALSO HAVING RESIDENCE AT VARSHA, T.C.17/138, S.C.T.NAGAR, CHALAKUZHI ROAD, PATTOM P.O. BY ADVS. MR.M.BALAGOVINDAN, MR.M.R.SASITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER, PUBLIC SERVICE COMMISSION DISTRICT OFFICE, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 4. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM. R1, R4 & R5 BY SR. GOVERNMENT PLEADER SMT. T.B. REMANI, R2 & R3 BY MR.ALEXANDER THOMAS, S.C,K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26560/2007-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PORTION OF THE NOTIFICATION ISSUED BY THE R.2. DT. 01/10/2002. EXT.P.2: COPY OF THE MAIN LIST OF H.S.A. HINDI, THIRUVANANTHAPURAM DIST. DT. 06/12/2004. EXT.P.3: COPY OF THE RELEVANT PORTION OF THE CIRCULAR ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION DT. 07/04/1998. EXT.P.4: COPY OF THE REPLY GIVEN BY THE DEPUTY DIRECTOR OF EDUCATION ON 28/09/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26560/2007-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of October, 2009 J U D G M E N T The writ petition is filed by the petitioner seeking for a direction to respondent Nos.1, 4 and 5 to report the existing number of vacancies in H.S.A (Hindi) in Thiruvananthapuram District and all the vacancies that will come into existence on or before 06/12/2007. A further prayer is sought for directing respondent Nos.1, 4 and 5 not to fill up the existing vacancies in H.S.A (Hindi) by inter district transfer. This Court passed an interim order dated 06/09/2007 whereby the filling up of vacancies by inter district transfer was stayed. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel and the learned Government Pleader. The validity of the ranked list expired on 06/12/2007. In the counter affidavit filed by the fifth respondent it is averred that the writ petition has become infructuous as the ranked list has already expired. It is also pointed out that the quota for direct recruitment, inter district transfer and promotion from lower categories are same, i.e. 30% and that since nine vacancies have been filled up by direct recruitment, nine vacancies each are due for inter district W.P.(C). No.26560/2007 -:2:- transfer and promotion. Only six vacancies each were given to inter district transfer and promotion. It is pointed out by the learned Government Pleader that in view of the interim order passed by this Court, the application for inter district transfer cannot be entertained also. Since the ranked list has expired, no orders are called for in the writ petition as sought for by the writ petitioner. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms