IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WA.No. 1551 of 2010() ----------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11715/2010 DATED 02/08/2010 ............. APPELLANT / NOT PARTY IN WPC . --------------------------------------------------- SHANAVAS V.I., S/O.V.M.IBRAHIM, AGED 41 YEARS, VELIYATHUKUDIYIL HOUSE, PAREEKKANNI P.O., NELLIMATTAM VIA, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 693. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA) RESPONDENTS / PETITIONERS & RESPONDENTS IN W.P. ---------------------------------------------------------------------------------- 1. SABU.A., UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM. PIN-695 001. 2. M.ABDUL BARI, UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, PATHANAMTHITTA, PIN-689 645 3. SAJEEV.M.R., UPPER DIVISION CLERK, OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER, THRISSUR, PIN – 680 020. 4. BINU GEORGE, UPPER DIVISION CLERK, SUB REGIONAL TRANSPORT OFFICE, KOTTARAKKARA. PIN-691 506. 5. SABEER MUHAMMED.C.P. UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, KANNUR, PIN -562 149. 6. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695004. ...2/- WA.No. 1551 of 2010() -2- 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 8. TRANSPORT COMMISSIONER, HEAD OFFICE, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695014. R1 TO R5 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO R6 BY ADV. SRI. ALEXANDER THOMAS, SC, PSC R7 & R8 BY GOVERNMENT PLEADER SRI. K.C. SANTHOSH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A. NO: 1551 OF 2010 ----------------------------------------------------------- Dated this the 21st February, 2011. JUDGMENT Ramachandran Nair, J. Appellant is a candidate desirous of applying for recruitment to the post of Assistant Motor Vehicles Inspector from the general category. Appellant's case is that the post initially notified for being filled up by PSC was later cancelled on Government's request and appointments are now being made through promotion by transfer. The sole case of the appellant is that 80% of the posts are to be filled up by direct recruits and 20% are to be filled up by promotees. Govt. Pleader submitted that direct recruitees are far in excess of the permissible limits and therefore, balance vacancies are to be filled up through promotions. This contention is accepted by the Single Judge who rejected the prayer of the appellant to restore the vacancies advised to PSC for direct recruitment. If what Govt. Pleader says is correct there is nothing wrong in Government recalling the requisition issued to PSC because ratio has to be maintained under the rules. If appellant wants to know factual position the W.A.1551/2010 2 appellant can apply under Right to Information Act for information regarding the posts of Assistant Motor Vehicle Inspector already filled up by direct recruitment and the number of posts proposed to be filled up by promotion and if ratio is not the same stated by the Govt. Pleader and in accordance with 80:20 norms then it is open for him to approach this Court for reviewing the judgment. Retaining the above right of the appellant, we dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj W.A.1551/2010 3