IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 30298 of 2008(F) --------------------------------------- PETITIONER(S): ---------------------- 1. GEETHA.H, POOJA, KARUVAMBRAM.P.O, MELAKKAM, MANJERI, 676121. 2. RANJINI.V.V, MATASSERI MANA, NJARAKKAL. P.O, 682505. BY ADV. SMT.P.V.ASHA RESPONDENT(S): -------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. R1 BY GOVERNMENT PLEADER MR.BINOY CHANDRAN R2 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30298/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PORTION OF THE NOTIFICATION APPEARD IN PSC BULLETIN DTD. 14.11.05. P2:- COPY OF THE RELEVANT PORTION OF THE RANK LIST FOR THE POST OF HSST SANSKRIT. P3:- COPY OF THE LETTER DTD. 28.5.08 OF THE INFORMATION OFFICER OF THE IST RESPONDENT ALONG WITH LIST OF SCHOOLS. P4:- COPY OF THE APPLICATION DTD. LETTER DTD.11.9.08 OF A CANDIDATE. P4(a):- COPY OF THE LETTER DTD. 19.9.08 OF PRINCIPAL. P5:- COPY OF THE APPLICATION DTD. LETTER DTD. 11.9.08 OF A CANDIDATE P5(a):- COPY OF THE LETTER DTD. 25.9.08 OF PRINCIPAL. P6:- COPY OF THE APPLICATION LETTER DTD. 11.9.08 OF A CANDIDATE. P6(a):- COPY OF THE LETTER DTD. 18..08 OF PRINCIPAL. P7:- COPY OF THE LETTER DTD. 6.10.08 OF PRINCIPAL. P8:- COPY OF THE APPLICATION DTD. LETTER DTD. 21.7.08 OF A CANDIDATE. P8(a):- COPY OF THE LETTER DTD. 8.8.08 OF THE INFORMATION OFFICER OF THE IST RESPONDENT. P9:- COPY OF THE G.O.(MS) NO.160/08/G.EDN. DTD. 15.9.08. P10:- COPY OF THE CHART WITH SUBJECT WISE DISTRIBUTION OF POSTS, AS APPEARD IN THOZHILVARTHA DTD. 25.10.08. R1(a):- COPY OF THE NO.AD.C1/2938/06/HSE DTD. 21.10.06. TRUE COPY P.A.T O JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30298/2008-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of September, 2009 J U D G M E N T The petitioners have filed this writ petition, aggrieved by the refusal of the first respondent to report the vacancies of H.S.S.T (Sanskrit) to the P.S.C, for direct recruitment. The notification is dated 14/11/2005. The petitioners were included in the ranked list as rank Nos.4 and 1 respectively for open competition. The main list contains 15 candidates. 2. The first respondent has filed an affidavit dated 16/06/2009, as directed by this Court. In paragraph (6) it is averred thus:- “As on 31/07/2007 there were 4 vacancies and the number of eligible HSST (Jr) available in the department were 2. The remaining two vacancies were apportioned in the ratio 1:3. As per special rules 1st vacancy was reserved for by-transfer appointment of qualified departmental teachers of General Education Subordinate Service and the 2nd vacancy was reported to KPSC and KPSC has advised one candidate. Due to the relief of one HSST (Sanskrit) another vacancy occurred on W.P.(C). No.30298/2008 -:2:- 02/06/2008 more than 40 eligible HSST (Jr) are working as on that date. Now there exist 5 HSST (Sanskrit) vacancies including 2 out of 4. Out of which one is to be filled up by transfer appointment of departmental teacher, another one by direct recruitment and three by transfer appointment of qualified HSST (Jr). Since more than 40 eligible HSST (Jr) are working as on 02/06/2008.” 3. It is submitted by the learned counsel for the petitioner that the second petitioner has already been appointed. Going by the averments in paragraph (6) of the affidavit, the first petitioner being rank No.4 will not be entitled for appointment as per the present vacancy position. In case further vacancies are there, it will be seen that the vacancies ear-marked for candidates like the petitioners will be reported without any further delay, in accordance with the relevant rules. With the above observations, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms