IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 18151 of 2007(J) ------------------------------------- PETITIONER(S): --------------- CHANDRAMANI.V., AZHIKKATT HOUSE, CHOTTANIKKARA P.O., ERNAKULAM DIST. BY ADV. SRI.KALEESWARAM RAJ SRI.P.BABU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM. *ADDL. R5 IS IMPLEADED 5. SRI.BINU D., HSA (HINDI) GHS., PAIKA AS IMPLEADED AS PER ORDER DTD. 3.4.08 IN IA. NO.3800/08. R1 & R3 BY GOVERNMENT PLEADER MR.MUHAMOOD T.T R2 & R4 ADV. MR.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, ALONG WITH WPC NO. 21349 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18151/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANKED LIST FOR THE POST OF H.S.A.(HINDI) WHICH CAME INTO FORCE ON 15.7.04. P2:- COPY OF THE REPLY DTD. 15.5.07 ISSUED BY 3RD RESPONDENT. P3:- COPY OF THE MEMO DTD. 11.5.07 ISSUED BY THE PSC. P4:- COPY OF THE RANKED LIST WHICH CAME INTO FORCE ON 11.10.99. P5:- COPY OF THE MEMO DTD. 28.3.07. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.18151 & 21349 OF 2007 --------------------------------------------- Dated this the 17th day of August, 2009. J U D G M E N T These writ petitions are at the instance of the persons included in the rank list for appointment to the post of H.S.A (Hindi) in Ernakulam District. The petitioner in W.P.(C) No.21349 of 2007 is rank No.7 and the petitioner in W.P.(C) No.18151 of 2007 is rank No.11 in the ranked list. In these writ petitions, the main relief sought for is for a direction to the Deputy Director of Education, Ernakulam to report 21 vacancies of H.S.A (Hindi) that has arisen in various Government schools in Ernakulam District on or before 14.07.2007. 2. After hearing the parties, by separate interim orders, this Court had directed the Deputy Director of Education to report four vacancies of H.S.A (Hindi) in Ernakulam District to the Kerala Public Service Commission. It was made clear that the reporting will be provisional and subject to further orders and W.P.(C) Nos.18151 & 21349/07 2 that the Commission need not issue advice on the basis of the reporting of the vacancies without obtaining orders of this Court. 3. Heard the learned counsel for the petitioners, learned Government Pleader and the learned standing counsel appearing for the Commission. 4. The stand taken in the counter affidavit is that there are no vacancies to be reported to the Public Service Commission. The ranked list expired on 14.07.2007. The details of the cadre strength and the apportionment of the posts are given in paragraph 4 of the counter affidavit filed by the 3rd respondent in W.P.(C) No.21349/2007. Paragraph 4 reads thus: “The total sanctioned post of the HSA(Hindi) subject have to be apportioned as follows. 1. Direct recruitment - 30% 2. Inter District Transfer - 30% 3. By promotion from among Junior Language Teachers - 30% 4. By transfer from ministerial staff - 10% 5. After the staff fixation for the year 2007-08 is over the total sanctioned post of HSA Hindi is - 100 W.P.(C) Nos.18151 & 21349/07 3 But those posts are occupied by different categories as follows. 1. Total sanctioned posts of HSA Hindi in Ernakulam District - 100 2. Number of teachers who have been appointed under direct recruitment - 57 (PSC-55, Spl. recruitment-1 Physically Handicapped-1) 3. Inter District Transfer - 28 4. By promotion - 13 5. By transfer - 1 6. Number of Teachers working under protection - 1 -------- Total 100 ” ===== 5. It is the contention of the respondents that already the number of Teachers appointed under the direct recruitment quota has been exceeded and therefore, there is no vacancy available to be reported to the Public Service Commission as claimed in the writ petitions. The details of staff fixation for the year 2006-07 are also given in the counter affidavit. In the additional counter affidavit filed in W.P.(C) No.18151/2007 it is averred that after the filing of the counter affidavit one vacancy was filled up by appointing a direct recruitee and the remaining two vacancies ceased to exist since two posts were reduced in the staff fixation W.P.(C) Nos.18151 & 21349/07 4 for the year 2007-08. 6. In W.P.(C) No.21349/2007, the petitioner has sought for a further relief to the effect that filling up of vacancies of H.S.A (Hindi) in Government High School, Kuttampuzha by promoting additional respondent has to be set aside. The contention raised by the petitioner is that the additional 6th respondent was promoted and appointed as H.S.A (Hindi) in the Government High School, Kuttampuzha and the vacancy is earmarked to be filled up for appointment by direct recruitment. The additional 6th respondent has filed a counter affidavit opposing the prayer. 7. In the light of the averments contained in the counter affidavit, there cannot be any dispute that 30% of the available vacancies alone can be set apart to the direct recruitees and therefore, no further direction can be issued. 8. It is therefore declared that the vacancies, if any, existing cannot be filled up from the ranked list. The sanctioned strength having exceeded, this Court cannot direct the 3rd respondent to report other existing vacancies to be filled up from the direct recruitment quota. To fill up the vacancies earmarked W.P.(C) Nos.18151 & 21349/07 5 for other particular categories from the ranked list, the appointing authority alone can take a decision. The interim orders are vacated. In that view of the matter, these writ petitions fail and the same are dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp