IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 31689 of 2007(V) -------------------------------------- PETITIONERS: ------------------- 1. SAJAN BABU, S/O. BABU P., KURUPPASSERY HOUSE, THOTTAPPALLY P.O., AMBALAPUZHA, ALAPPUZHA. 2. SANDHYAMOL V.S., VELIYIL HOUSE, KADAKKARAPALLY P.O., CHERTHALA. 3. MINIMOL T., H.NO.C. 46/881, COIRFED LANE, ALAPPUZHA TOLL.12. 4. SINI M.D., VADAKKEMOOPPAN PARAMBIL, PALLIPURAM P.O., CHERTHALA. 5. PRATHEESH G.KRISHNAN, ILLATHUVEETTIL, VARQANAM P.O., CHERTHALA. BY ADV. SRI.T.P.SAJAN & SRI.M.MOHAMED NAVAZ RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, O/O. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, ALAPPUZHA. 3. ASSISTANT EDUCATIONAL OFFICER, O/O. THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA-688 524. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. DISTRICT OFFICE, PUBLIC SERVICE COMMISSION, ALAPPUZHA. ADV. SRI.ALEXANDER THOMAS, SC,KPSC FOR R4 AND R5 SRI.BENNY GERVASIS, SENIOR GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------- W.P.(C) No.31689 of 2007 - V ---------------------------------------- Dated 28th January, 2010 Judgment Balakrishnan Nair, J. The petitioners are the persons included in the rank list published by the Public Service Commission for appointment to the post of LPSA (Malayalam Medium) in Alappuzha district. Alleging that there are several vacancies available and still they are not being reported to the Public Service Commission, the writ petition was filed. The second respondent Deputy Director of Education has filed a counter affidavit in which it is submitted that the total cadre strength of LPSA in Alappuzha district is 1183 and 65% of it will come to only 769. But, at present, there are 912 direct recruitees. Therefore, they are far in excess of their quota. The second respondent has also submitted that at present there are no vacancies available to be reported to the Public Service Commission for direct recruitment. In view of the above position, we think, no relief W.P.(C) No.31689/2007 2 would be granted to the petitioners in this writ petition. We are told that the life of the rank list has been extended upto 30.4.2010. If any retirement vacancies arise on 31.3.2010 and if there is a dearth in the direct recruitment quota, such vacancies, if any, available for direct recruitment shall be reported by the second respondent to the fifth respondent before 15.4.2010. If any of the vacancies reported to the Public Service Commission are pending without advice, the candidates concerned shall be advised without any further delay. K. BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge vaa