IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10645 of 2008(P) -------------------------- PETITIONER: ------------ RAFEEQ KARAKKANDIYIL,S/O.IBRAHIM, AGED 30 YEARS,MEMUNDA AMSOM, KEEZHAL DESOM POST KEEZHAL, KOZHIKODE DISTRICT, KERALA STATE BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: ------------- 1. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, WAYANAD. 2. DEPUTY DIRECTOR OF EDUCATION WAYANAD 3. STATE OF KERALA,WITH ADDRESS FOR SERVICE CHIEF SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL EDCUATION, SECRETARIAT, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.M.R.SREELATHA SHRI.ALAXANDER THOMAS, FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.10645 of 2008 ================== Dated this the 31st day of March, 2008 J U D G M E N T The petitioner has been included in Ext.P3 rank list for appointment to the post of High School Assistant (Malayalam) in Government schools in Wyanad district, by direct recruitment. That list is to expire on 1.4.2008. The petitioner seeks a direction to the 2nd respondent to report five vacancies which are to arise on 31.3.2008 on account of retirement of five teachers. 2. The learned Government Pleader, on instructions, submits that as per the Government orders, separate quota is fixed for appointment by direct recruitment, appointment by transfer, appointment by promotion and appointment by inter district transfer, and going by the present cadre strength, the direct recruits are occupying the posts far in excess than the quota prescribed for them and therefore, no more persons can be appointed by direct recruitment unless the quotas prescribed for other categories are filled up. She would further submit that the vacancy position can be ascertained only after the staff w.p.c.10645/08 2 fixation for the year is finalised and since it is vacation, it is not necessary to appoint teachers before 1.6.2008. 3. I have considered the rival contentions in detail. 4. First of all, the cadre strength does not warrant appointment by direct recruitment in excess of the quota prescribed. That itself is a ground for rejection of the claim of the petitioner. Further, the respondents cannot be directed to report vacancies which are to arise on 31.5.2008, on 1.4.2008 itself. They would require time to decide whether those vacancies have to be reported or not. For all the above reasons, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10645/08 3