IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 15324 of 2008(Y) -------------------------------------- PETITIONERS: --------------------- 1. LAILA KUNDUVALAPPIL, AGED 35 YEARS, W/O.P.P.RAJAN, RESIDING AT THURITHI, P.O.CHERUVATHOOR, KASARGOD DISTRICT. 2. SAJIV.K.M., S/O.K.T.NARAYANAN NAMBIAR, KANOTH PUTHEN VEEDU, POST KOLAYAD, KANNUR DISTRICT. 3. SYAMALA.M., AGED 31 YEARS, W/O.RAJEEVAN P., VADAKKINAKATH HOUSE, PARAKKADAVU, KANNUR DISTRICT. 4. KANCHANA, W/O.SAJAN.C., KEEZHKAD HOUSE, PINARAI POST, KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH. RESPONDENTS: ----------------------- 1. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. GOVERNMENT PLEADER SRI. T.T. MOHAMMED FOR R1 & R2, ADV. SRI. ALEXANDER THOMAS, SC, P.S.C FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15324/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RANKED LIST PUBLISHED ON 10/06/2005. EXT.P.2: COPY OF THE COUNTER AFFIDAVIT FILED BY THE R.1. IN W.P.(C). NO. 18927/2007. EXT.P.3: COPY OF THE COMMUNICATION DTD. 06/05/2008 ISSUED BY THE INFORMATION OFFICER. EXT.P.4: COPY OF THE LETTER DTD. 01/05/2007 ISSUED BY THE R.1. EXT.P.5: COPY OF THE ADVERTISEMENT CARRIED IN MATHRUBHUMI THOZHIL VARTHA DTD. 23/06/2007. EXT.P.6: COPY OF THE COMMUNICATION DTD. 23/05/2008 ISSUED TO ONE RAJAN .P.P, ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE R.1. OFFICE. EXT.P.7: COPY OF THE QUESTIONNAIRE. EXT.P.7.A: COPY OF THE INFORMATION SUPPLIED THERETO AS CONTAINED IN THE COMMUNICATION DTD. 22/01/2008. EXT.P.8: COPY OF THE APPLICATION DTD. 23/04/08. EXT.P.8.A: COPY OF THE ANSWERS MADE THEREON. EXT.P.9: COPY OF THE LETTER DTD. 21/02/2008 ISSUED BY THE INFORMATION OFFICER. EXT.P.10: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN G.H.S.S. KODUVALLY. EXT.P.11: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN G.H.S.S. THIRUVANGAD. EXT.P.12: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN G.H.S.S. VAYAKARA. EXT.P.13: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN E.K.N.S. G.H.S.S. VENGAD. EXT.P.14: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.T.H.S.S. KANNUR. EXT.P.15: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. MANATHANA. EXT.P.16: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. MAYYIL. EXT.P.17: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. CHALA. W.P.(C). NO.15324/2008-Y: EXT.P.18: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. CHUZHALI. EXT.P.19: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. CHAVASSERY. EXT.P.20: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS INGHSS ARALAM. EXT.P.21: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. VELLUR. EXT.P.22: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN G.H.S.S. PRAPOYIL. EXT.P.23: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN G.H.S. MUNDERI. EXT.P.24: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN PAKGS GHSS MUNDALUR. EXT.P.25: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS CHITTARIPARAMBA. EXT.P.26: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS PALA. EXT.P.27: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS KAVUMBHAGAM. EXT.P.28: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS, MALUR. EXT.P.29: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS NEDUNGAME. EXT.P.30: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS EDAYANNUR. EXT.P.31: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS THIRUMENI. EXT.P.32: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS RAMANTHALI. EXT.P.33: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS PERINGOME. EX.P.34: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS PULINGOME. EXT.P.35: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN AKGSGHSS MALAPPATAM. EXT.P.36: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS SREEKANDAPURAM. W.P.(C). NO.15324/2008-Y: EXT.P.37: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHBSS THALASSERY. EXT.P.38: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN TV GHSS TALIPARAMBA. EXT.P.39: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS KADIRUR. EXT.P.40: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS CHIRAKKARA. EXT.P.41: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN IMNS GHSS MAYYIL. EXT.P.42: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS PALLIKUNNU. EXT.P.43: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GBHSS MADAYI. EXT.P.44: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GGHS CHERUKUNNU. EXT.P.45: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN MASS GHS ETTIKULAM. EXT.P.46: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS KOTTILA. EXT.P.47: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS KOZHICHAL. EXT.P.48: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GGHS MADAYI. EXT.P.49: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GVHSS KARUMATHUR. EXT.P.50: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS MATHAMANGALAM. EXT.P.51: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GBHS CHERUKUNNU. EXT.P.52: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GVHSS KARTHIKAPURAM. EXT.P.53: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS CHERUTHAZHAM. EXT.P.54: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS AROLI. EXT.P.55: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN AVSGHSS KARIVELLUR. W.P.(C). NO.15324/2008-Y: EXT.P.56: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS KUNHIMANGALAM. EXT.P.57: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR P.D. TEACHERS IN GHSS MATHIL. EX.P.58: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GCHSS KANNUR. EXT.P.59: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHSS KANNADIPARAMBA. EXT.P.60: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GHS AZHIKODE. EXT.P.61: COPY OF THE DOCUMENT INDICATING THE APPOINTMENTS UNDER THE QUOTA EARMARKED FOR PD TEACHERS IN GWHS CHERUKUNNU. EXT.P.62: COPY OF THE STATEMENT ISSUED BY THE INFORMATION OFFICER DTD. 25/07/2008 BASED ON THE QUESTIONNAIRE SUBMITTED BY C.N. VASANTHALATHA. EXT.P.63: COPY OF THE ORDER DTD. 28/09/2007 ISSUED BY THE R.1. EXT.P.64: COPY OF THE STATEMENT DTD. 25/03/2008 FURNISHED BY THE INFORMATION OFFICER IN RESPECT OF GHSS AZHIKODE. EXT.P.65: COPY OF THE STATEMENT DTD. 09/06/2008 FURNISHED BY THE INFORMATION OFFICER IN RESPECT OF GHSS MORAZHA. EXT.P.66: COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.15324/2008 ----------------------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioners were included in the rank list of HSA (Malayalam) for Kannur District. The rank list was published on 10.6.2005 and expired on 9.6.2008. Complaining that available vacancies are not reported, this writ petition was filed. 2. On 3.6.2008, an interim order was passed by this court directing the respondents to report 12 vacancies, on condition that the candidates will not be advised. Accordingly, the vacancies have been reported. 3. It is the accepted position that 236 is the cadre strength and according to the respondents as against 30% vacancies ear-marked for direct recruitment there are 145 direct recruits in place. Therefore, they would contend that WP(c).No.15324/2008 2 the available vacancies should go to P.D teachers, inter- district transfers and ministerial staff whose representation is much less than this quota. Even according to the petitioners there is dearth of candidates among the P.D teachers and they are not claiming appointment against any vacancy earmarked for P.D teachers. The claim the petitioners is concerning the quota ear-marked for inter- district transferees and also for ministerial staff. Though the petitioners accept the position that, there is shortage in these two categories as well, they would contend for the position that as on 9.6.2008 there was no eligible candidates from these two categories. According to them, in the absence of eligible candidates, vacancies earmarked for those two categories should also be diverted to the direct recruitment quota. 4. If as a matter of fact, in the quota ear-marked for inter-district transfer and also for ministerial staff there is no eligible claimant up to 9.6.2008, when the list expired, in WP(c).No.15324/2008 3 my view, petitioners are justified in their contention. Therefore, this certainly is a matter for the first respondent to ascertain. 5. Therefore, the first respondent has to ascertain as to whether there was any eligible candidates available the quota earmarked for inter-district transfer and ministerial staff and in case there was no eligible candidates from these two categories, advice should be made from the rank list against the vacancies reported taking into account these vacancies as well. It is clarified that this will not in any manner affect the quota ear-marked for P.D teachers. Writ Petition is disposed of as above. Petitioner shall produce a copy of the judgment before the respondents 1 and 3 for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.15324/2008 4