IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WA.No. 2166 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26764/2007 Dated 23/09/2008 .................... APPELLANT(S): PETITIONER 1,5,6: ---------------------------------------------------- 1. BIJIMOL DEVASSIA, NOORUPARACHIRA, PULLANGADI P.O., CHAMBAKKULAM, ALAPPUZHA. 2. SINDHU K. NAIR, CHIRAYIL HOUSE, THAKAZHI P.O., ALAPPUZHA. 3. NISHA RAMACHANDRAN, PATHIYANKARA, THRIKKUNNAPUZHA P.O., ALAPPUZHA. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI. K.SANDESH RAJA FOR R1 ADV. SRI. ALEXANDER THOMAS, SC, KPSC FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A.No.2166 of 2008 --------------------------------------- Dated this the 5th day of November, 2008 Judgment Koshy,J. Appellants were included as rank holders in the rank list of High School Assistant (Malayalam) for Alappuzha district as per Ext.P1. Appointments are done in the ratio of 3:3:1 between direct recruits, inter district transfers and promotion of primary teachers and promotion of clerk-typists respectively. 66 vacancies were reported for appointment. Only 20 vacancies are to be filled up by direct recruits in the ratio followed, but, only three vacancies were filled up from the rank list. Government refused to give further appointment because of cadre strength of direct recruits exceeded. It is true that while giving employment, cadre strength and ratio have to be looked into. But, if sufficient number of candidates are not available from other cadres, it can be filled up by direct recruits. It is also made clear in Ext.P8 Government order that posts vacant in the category of Primary Teachers and HSAs due to the absence of eligible applicants to be posted as primary teachers and HSAs through inter District transfer shall be reported to PSC to fill up the W.A.No.2166/2008 2 above posts. It has been stated in the counter affidavit that remaining vacancies were not filled up through inter District transfers. Even without Ext.P8 we have already held that the posts of teachers cannot be kept vacant. It is the student community who will suffer and, therefore, in the absence of applicants for inter District transfer earmarked for such quota, direct recruitment can be made. Therefore, in the vacancies that occurred prior to the expiry of the rank list, rank holders should be appointed according to their order of merit, reservation etc. in the absence of applications recommended for inter District transfers received by the Government before the expiry of the rank list. The posts cannot be kept vacant, but, appointment has to be made without any delay. The available vacancy that occurred before the expiry of rank list shall be reported to the PSC so that PSC can make advice. The appeal is allowed to the above extent. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No.2166/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A.No. 2166/2008 ------------------------------------- Judgment Date:5th November,2008