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. 17931 of 2009(J) ------------------------------------ PETITIONERS: ------------------- 1. SEEJO JOHN ALAPPATTU, D/O.JOHN, AGED 36 YEARS, ALAPPATTU HOUSE, NEAR CARS INDIA, CHALAKKUDY P.O., THRISSUR DISTRICT. 2. DEENA DOMINIC, D/O.DOMINIC C.A., AGED 27 YEARS, CHERUVATHOOR HOUSE, DESAM VAKA, VAKA P.O., THRISSUR DISTRICT. 3. MEENAKUMARI K.S., W/O.K.R.UNNIKRISHNAN, AGED 34 YEARS, KALLADATHIL HOUSE, CHERUKKUNNU, PUTHOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR-680005. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, P.O.PATTAM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR DISTRICT. SRI.BENNY GERVASIS, SENIOR GOVERNMENT PLEADER FOR R1-2 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.17931 of 2009 - J ----------------------------------- Dated 28th January, 2010 Judgment Balakrishnan Nair, J. The petitioners are persons included in Ext.P1 rank list published by the Public Service Commission for appointment to the post of LPSA (Malayalam Medium) for Thrissur district. Alleging that there are several vacancies available in the cadre of LPSA in Thrissur district and that they are being filled up either by inter-district transfer in excess of their quota or by protected teachers, the petitioners have approached this Court. They prayed, inter alia, for a direction to the Deputy Director of Education, Thrissur to report the vacancies now available in the cadre of LPSA to the District office of the Public Service Commission. 2. The second respondent has filed a counter affidavit in which it is stated as follows: “3. It is submitted that the total cadre strength of LPSA in Thrissur district is 878. As per the existing W.P.(C) No.17931/2009 2 provisions 65% of the total vacancies of cadre strength has to be earmarked for direct recruitment. At present more than 696 direct recruitees are working which shows that there are excess candidates under the quota earmarked for direct recruitment. 65% of the cadre strength will come to only 571. Balance 35% has to be set apart for inter-district transfer. Against the quota set apart for inter-district transfer, 134 teachers alone are working. That shows a shortage of candidates in the quota set apart for inter-district transfer. As per the dictum laid down by this Hon'ble Court, the percentage of quota has to be fixed against the cadre strength. Therefore, the direct recruitees are not entitled for further more vacancies which was filled up by other modes of appointment. 4. The contention of the petitioners that there are 36 protected teachers against the vacancies set apart for direct recruitment is not correct. In fact, those teachers were deployed prior to the coming into force of the Ext.P1 rank list. They were engaged in various vacancies in Govt. schools in accordance with the relevant guidelines issued by the Government from time to time. In fact, no protected teachers were deployed after coming into force of Ext.P1 rank list. Those teachers were deployed against the vacancies set apart for inter- district transfer at the relevant time.” From the above quoted portion of the counter affidavit, it is evident that, at present, no vacancies are available for appointment of PSC hands. It is also clear that no protected teacher has been deployed to any of the vacancies in Government schools after publication of Ext.P1 rank list. In W.P.(C) No.17931/2009 3 view of the above position, persons included in the rank list like the petitioners are not entitled to get any of the reliefs prayed for in the writ petition. Accordingly, it is dismissed. K. BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge vaa