IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 4952 of 2009(M) ----------------------- PETITIONER(S): ----------------------- 1. JYOTHSNA K, SREERAGAM, KARAT, KARAKKAMALA P.O., MANANTHAVADI, WAYANAD DIST. 2. JAYASREE T, THEKKAYIL HOUSE, ERAMANGALAM P.O., BALUSSERR VIA, KOZHIKODE DIST. 3. ANJALI JOSE, PINAKKAT HOUSE, VYTHIRI P.O., WAYANAD DIST. 4. NAVAS P.K., PUNNAKAYATHIL HOUSE, KAVILUMPARA, KOZHIKODE DIST. 5. KUNHABDULLA E.K., EDACHANKANDI HOUSE, CHERAPURAM P.O., KAKKATTIL VIA, KOZIKODE DIST. 6. RAJINA K, PARERI HOUSE, B- STREET, MANANTHAVADY P.O., WAYANAD DIST. 7. CLEENA JOHN, KETTUPURACKAL HOUSE, PUTHUSSERY P.O., MANANTHAVADY, WAYANAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHPURAM. 2. KERALA PUBLIC SERVIE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ...2/- WP(C).No. 4952 of 2009(M) -2- 3. DEPUTY DIRECTOR OF EDUCATION, WAYANAD. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD, KALPATTA. R1 & R3 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN R2 & R4 BY ADV. SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, ALONG WITH WPC NO. 36103 OF 2008 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C).Nos.4952 of 2009, 36103 of 2008, 37493 of 2009, 17048 of 2009 ------------------------------- Dated this the 4th day of February, 2011. J U D G M E N T In all these writ petitions the petitioners are included in the ranked list for appointment as LPSA in Wayanad District. The ranked list was published on 27.9.2006 and that has already expired on 26.9.2009. 2. The main prayer in the writ petition is for reporting vacancies and pursuant to the interim order passed by this Court, 56 vacancies have been reported before the list expired. The above interim order was passed on 9.4.2010. The Public Service Commission has been directed not to advise the candidates during the pendency of the writ petitions. 3. Respondents have filed counter affidavit in the matter. Learned counsel for petitioner submitted that the question whether existing vacancies were there during the currency of the rank list will have to be addressed with reference to the details furnished by the petitioner. It is pointed out that in the light of 2 W.P.(C).Nos.4952 of 2009, 36103 of 2008, 37493 of 2009, 17048 of 2009 Ext.P7order passed by the government produced along with I.A.No.1697 of 2011 namely G.O.(Ms)No.95/2008 dated 26.5.2008, it can be seen that the posts of Primary teachers to which there are no applicants for the inter-district, transfer can be reported to the Public Service Commission. It is pointed out that normally in Wayanad district, the said applicants are minimum also. Further it is pointed out that in the light of the decision of the Division Bench reported in Mar Philexinos Vocational Higher Secondary School V. State of Kerala (2010(1) KLT 176) and in Saji V. State of Kerala (2010(1) KLT 753), it can be seen that the deployment of teachers from aided school can be made only upto the date of publication of the ranked list. 4. It is therefore submitted that the matter will have to be considered with reference to the details of vacancies furnished by the petitioners in various documents. The learned counsel for the petitioner invited my attention to the various exhibits produced in the writ petition also. 3 W.P.(C).Nos.4952 of 2009, 36103 of 2008, 37493 of 2009, 17048 of 2009 5. It requires an assessment of the vacancies which are said to be existing as claimed by the petitioners, prior to the expiry of the rank list. Now 56 vacancies have been reported to the Public Service Commission. 6. In W.P.(C)No.25694 of 2010 in a similar matter relating to the rank list of UPSA in Malayalam Medium in Palakkad District, this Court directed the Deputy Director of Education, Palakkad, to verify the facts and figures and also the documents, to find out the exact number of substantive vacancies which are available before the expiry of the ranked list for being appointed from candidates for direct recruitment in the quota earmarked for the petitioners therein. The petitioners therein were directed to submit a detailed representation, and produce various documents or other relevant data to enable the Deputy Director of Education to arrive at a correct conclusion. 7. Herein, the Deputy Director of Education has filed an affidavit opposing the claims of the petitioner. In the light of the conflicting versions, it is only proper that the Government itself 4 W.P.(C).Nos.4952 of 2009, 36103 of 2008, 37493 of 2009, 17048 of 2009 will consider the matter. In that view of the matter, necessary materials along with documents will be produced before the first respondent within a period of one month from today along with a copy of this judgment and a copy of interim order as well as the Government order and judgments of this Court relied upon by them. Thereafter, after assessing various materials a decision will be taken by the 1st respondent after issuing notice to the representatives of the petitioners namely the 1st petitioner, in each of the writ petitions within a further period of 2 months. The endeavour will be to assess whether any vacancies were available before the expiry of the ranked list. Depending upon the said decision the vacancies reported as per the interim order will have to be considered. The writ petitions are accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, Judge ami/