IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 15638 of 2008(J) PETITIONER: ------------ RADHA K.R, AGED 42 YEARS, W/O.NARAYANAN K.K, KAIPPILLY HOUSE, ARIMPUR (PO), THRISSUR-680620. BY ADV. SRI.V.R.KESAVA KAIMAL RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE R4 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 15638 OF 2008 J -------------------------------------------- Dated this the 17th June, 2008 JUDGMENT The petitioner is included in the rank list published by the Public Service Commission for appointment to the post of High School Assistant (Malayalam) in Thrissur District. Her rank number is 77 in the list. It is stated that she is rank No.1 in the OBC supplementary category. The rank list came into effect from 25.6.2005. 2. The main relief sought for by the petitioner in the Writ Petition is for the issue of a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent, the Deputy Director of Education, Trissur, to report the existing and anticipated vacancies of HSA (Malayalam) to the Public Service Commission. There are other incidental reliefs also. 3. A counter affidavit is filed on behalf of the third respondent. It is stated in the counter affidavit that the cadre strength of HSA (Malayalam) in Thrissur District is 192 during the academic year 2007-08. The split up figures are also shown in the counter affidavit. Out of 192 posts, 107 posts are occupied by direct recruitees, 18 posts are occupied by promotees from P.D.Teachers, 18 posts occupied by inter district transfer W.P.(C) NO.15638 OF 2008 J :: 2 :: teachers and one post is occupied by ministerial promotee. It is also stated that there are 48 vacancies existing now. But, as per the quota fixed, there is an excess of 49 HSA (Malayalam) teachers. Anticipating 18 retirement vacancies during the academic year 2008-09, the total vacancy is 48. It is further stated that as per the advice of the Public Service Commission, 45 candidates were appointed and the advice of one more candidate is expected as against the 46 vacancies reported to the Public Service Commission. It is also stated that there are 107 HSA (Malayalam) teachers working in Thrissur District at present as against the 58 posts earmarked for direct recruitment. That means, there is excess number of teachers appointed against the quota earmarked for direct recruitment. In the light of the facts disclosed in the counter affidavit, the petitioner is not entitled to the relief prayed for. The Writ Petition lacks merits and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/