IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WA.No. 2451 of 2008() --------------------- (AGAINST THE JUDGMENT IN WP(C) NO.11316/2007 OF THIS HON'BLE COURT DT. 29.10.08) APPELLANT/PETITIONER: -------------- OMANA M., W/O.JANARDHANAN NAIR M., 'KAILAS', OLIYATHADUKKAM, VATTAMTHATTA P.O., MULIYAR VIA, KASARAGOD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, VAZHUTHACADU, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 GOVT. PLEADER SMT.R.BINDU – R1 TO R3. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO. 2451 OF 2008 ----------------------------------------- Dated 18th February, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. She was a candidate included in the rank list published by the Public Service Commission (P.S.C.) for appointment to the post of High School Assistant (H.S.A.) (Natural Science) in Malayalam Medium in Kasaragod district. When the rank list was going to expire on 11.4.2007, the appellant found that a few existing vacancies are not reported by the appointing authority to the P.S.C. Therefore, she approached this Court, by filing the writ petition, seeking appropriate reliefs. 2. As per the interim order dated 4.4.2007, this Court directed the appointing authority to report five vacancies to the P.S.C before 11.4.2007, the date on which the list will expire. It was also ordered that the P.S.C need not advise candidates to those vacancies without obtaining further orders from this Court. In obedience to the said direction, the 3rd respondent WA 2451/2008 2 Deputy Director of Education reported five vacancies on 10.4.2007. Based on the statement filed by the Deputy Director that two vacancies were available, which could be filled up by P.S.C recruits, the learned Single Judge disposed of the writ petition, directing the 4th respondent P.S.C to advise two candidates for appointment to the said two vacancies and the Deputy Director, the appointing authority was directed to give appointments to those advised candidates. 3. The appellant has preferred this Writ Appeal, dissatisfied with the direction of the learned Single Judge. According to her, more vacancies were available. She also submitted that since the vacancies arose on 1.4.2007, there were five vacancies available to accommodate the P.S.C hands on 10.4.2007. So, five candidates should have been advised and if necessary retrenched, if the vacancies terminate during the next academic year, by reason of staff fixation order or joining duty by other better claimants. 4. We head the learned standing counsel for the P.S.C and also the learned Government Pleader for the official respondents. Going by the statement filed by the statement filed by the 3rd respondent, we notice that there were five vacancies available in the beginning of the academic year. But, since there was a reduction in vacancies as a result of reduction in WA 2451/2008 3 students' strength, three teachers were rendered surplus and therefore, they have to be accommodated. Thereafter, only two open vacancies were available for the P.S.C recruits. The learned Single Judge issued the direction, relying on the averments in the counter affidavit of the 3rd respondent, to fill up those two vacancies. We find no reason to take a different view. Though most of the vacancies in the teaching posts arise on the 1st of April, fresh appointments to those vacancies are made, having regard to the students' strength available in the next academic year, which will reflect in the staff strength also. In other words, in no schools fresh teachers can be appointed on the 1st of April. Therefore, the claim of the appellant for advising the remaining candidates also, to appoint them and thereafter retrench them, on reduction of staff strength, is not permissible. In the result, the Writ Appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/