IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WA.No. 2127 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15953/2010 Dated 02/12/2010 .................... APPELLANT: -------------- ANIL KUMAR K NON VOCATIONAL TEACHER IN ENGLISH GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL PAKALKURI, THIRUVANANTHAPURAM DIST. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: --------------- 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION THIRUVANANANTHAPURAM - 1 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, PAKALKURI, THIRUVANANTHAPURAM DIST. - 14 GOVERNMENT PLEADER, SMT. T B RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Writ Appeal No.2127 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2010 JUDGMENT Basheer J., This appeal is directed against an interim order passed by the learned Single Judge in the Writ petition preferred by the appellant, which is even now pending. 2. The primary prayer in the writ petition is to declare that the appellant who was appointed as a Non Vocational Teacher in English by transfer in the ministerial category cannot be replaced by appointing a direct recruit. The relevant portion of the impugned order reads thus: “The interim order is modified and the stay is confined only to the extent of retaining the ministerial staff, who were appointed as Non Vocational Teachers, to the 10% quota under the special rules as in force in 2004. The question of Writ Appeal No.2127 of 2010 :2: retention of those ministerial staff who were appointed as Non Vocational Teachers should be considered on the basis of seniority and the qualification prescribed by the special rules.” 3. The apprehension of the appellant is that the department may revert him any moment on the strength of the above order. He submits that the attempt of the department appears to be to induct direct recruits after reverting the appellant. He further asserts that no other qualified candidate to be appointed under 10% ministerial quota is now available. Therefore no worthwhile purpose will be achieved by reverting the appellant. It is also pointed out by the learned counsel for the appellant that the position is well settled that no direct recruit can be appointed under 10% ministerial quota. It is thus contented by the learned counsel that the impugned interim order may cause great prejudice and loss to the appellant. He submits that the appellant will have to be necessarily reverted if any qualified ministerial candidate is available for appointment under the10% quota. Writ Appeal No.2127 of 2010 :3: 4. Having heard the learned counsel for the appellant and the learned senior Government pleader and having perused the materials available on record, we are of the view that the writ appeal can be disposed of clarifying that the appellant shall be reverted only if a qualified candidate from among the ministerial staff is available for appointment under the 10% quota and also if the appellant falls under the 10% ministerial category ordered accordingly. 5. However, we hasten to add that this clarification is being issued only as an interim measure especially since the writ petition is admittedly pending consideration. It is made clear that this order is only provisional and subject to the final orders that may be passed in the Writ Petition. A.K.BASHEER, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/