IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WA.No. 128 of 2008 --------------------------- AGAINST THE JUDGEMENT IN WPC.22354/2007 Dated 02/11/2007 .................................. APPELLANT: APPELLANTS: --------------------------------------- 1. RETHESHAN E., H.S.A. MATHS, GOVT.HIGHER SECONDARY SCHOOL, CHUZHALI P.O., KANNUR DISTRICT. 2. E.K. SHYLAJA, H.S.A. MATHS, TECHNICAL HIGH SCHOOL, NADUVILE, KANNUR DISTRICT. BY ADV. SRI.JULIAN XAVIER.J. SRI.FIROZ K.ROBIN RESPONDENTS: PETITIONERS 1 TO 3 AND RESPONDENTS: ------------------------------------------------------------------------------------- 1. ROJI JOSEPH, S/O. JOSEPH, AGED 36 YEARS, P.D. TEACHER, GUPS POTHAMKANDAM, PADIYOTTUCHAL P.O., RESIDING AT KEEKARIKATTU HOUSE PALLIKKARE, NILESHWAR P.O., KASARGOD DISTRICT. 2. C.R. RAMESAN, S/O. RAMAN NAIR, AGED 37 YEARS, P.D.TEACHER, GUPS THADIKADAVU, RESIDING AT CHATHANAT HOUSE, THADIKADAVU P.O., KANNUR DISTRICT. 3. C.C. VINOD KUMAR, S/O. LATE KUTTI APPA NAMBIAR, AGED 40 YEARS, P.D. TEACHER, IMNSGHSS, MAYYIL, RESIDING AT OTHAYOTH HOUSE, THOTTAYAD, KANDAKAI P.O., KANNUR DISTRICT. 4. THE DEPUTY DIRECTOR OF EDUCATION,KANNUR W.A NO. 128/2008 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 6. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 7. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA R7 BY ADV. SRI. ALEXANDER THOMAS R1 TO R3 BY ADV. SRI. R. SURENDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.A.No.128 of 2008 ======================== Dated this the 16th day of January, 2008. JUDGMENT Balakrishnan Nair,J. The appellants who are seeking inter district transfer to the post of H.S.A. (Maths) has filed this writ appeal after seeking leave of this Court against the interim order passed by the learned single Judge on 2.11.2007 in W.P.(C) No.22354 of 2007. The writ petition is filed challenging Ext.P2 order to the extent it prescribes 30% vacancies for inter district transfer. 2. Ext.P2 Government Order prescribes the manner in which the total vacancies in the cadre of H.S.A. in different subjects should be filled up. It says that in General Science 50% should be filled by direct recruitment, 30% by inter district transfer, 10% by promotion of P.D. Teachers and the remaining 10% by promotion of Clerks/Typists. The writ petitioners are concerned with the ratio prescribed for promotion to P.D. Teachers. For WA 128/08 -: 2 :- Social Science it is 20% and for Languages it is 30%. The petitioners may claim for enhancement of the ratio prescribed for P.D. Teachers. But they are not concerned with the ratio prescribed for inter district transfer. If that quota is abolished and the entire vacancies are filled up by P.S.C. hands, the petitioners are in no way benefited. Further, until Ext.P2 order is set aside, we feel that the ratio provided therein should be operated. The learned single Judge has interdicted the appointments in the quota prescribed for direct recruitment and also in the quota prescribed for inter district transfer. No purpose will be served by keeping those vacancies open. The students will be affected. The petitioners are in no way benefited if the vacancies set apart for inter district transfer and direct recruitment are being kept open. There is no direction in the interim order to fill up those vacancies using P.D. Teachers. We are of the view that the interim order causes irreparable injury to those who are waiting in the queue for inter district transfer and those waiting for direct recruitment. Their chances will be blocked without any corresponding benefits to the writ petitioners. Therefore, the impugned interim order is set aside and the WA 128/08 -: 3 :- appeal is allowed. Needless to say, the quota set apart for P.D. Teachers shall be duly filled up from eligible candidates among the P.D. Teachers. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 16/1