IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 467 of 2011(G) ----------------------------- PETITIONER: -------------- SUNIL.V.R., VALIYA VEETIL HOUSE, EDAVANAKKAD.P.O., ERNAKULAM-682 502. BY ADVS. SMT.P.V.ASHA SMT.VINITHA B. RESPONDENTS: ------------------ 1. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. BY SRI.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER FOR R1 SRI.ALEXANDER THOMAS, SC FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.467/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF RELEVANT PORTION OF NOTIFICATION DTD. 26.4.05 OF PSC FOR DIRECT RECRUITMENT. EXT. P2 : COPY OF RELEVANT PORTION OF NOTIFICATION DTD. 26.4.05 OF PSC FOR APPOINTMENT BY TRANSFER. EXT. P3 : COPY OF RELEVANT PORTION OF RANKED LIST DTD.7.12.07 FOR DIRECT RECRUITMENT. EXT. P4 : COPY OF RELEVANT PORTION OF RANKED LIST DTD. 5.12.07 FOR APPOINTMENT BY TRANSFER. EXT. P5 : COPY OF APPOINTMENT CHART AS ON 20.9.10. EXT. P6 : COPY OF APPLICATION DTD. 18.11.10 OF PETITIONER. EXT. P6(a) : COPY OF LETTER DTD 8.12.10 OF PUBLIC INFORMATION OFFICER OF 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.467 OF 2011 --------------------------------------- Dated this the 6th day of April, 2011. J U D G M E N T The petitioner is a candidate included in the ranked list for appointment as Vocational Instructor in Fisheries. The main prayer in the writ petition is for a direction to the respondents to report all the vacancies available in the post of Vocational Instructor in Fisheries to the Public Service Commission and to direct the 2nd respondent to advise candidates against the vacancies reported and pending before them in the post, from Ext.P3 ranked list and direct the 1st respondent to appoint the candidates thus advised, without any further delay. 2. The 1st respondent has filed a statement on 17.02.2011 and a counter affidavit has also been filed. In paragraph 6 of the counter affidavit, it is stated that the existing vacancies of Vocational Instructor in Fisheries in VHSE are only 2. These vacancies including the anticipatory vacancies, that may arise on the approval of resignation were set apart for the promotion W.P.(C) No.467/2011 2 appointment from the qualified Lab Assistant. On further verification it is seen that there are no qualified Laboratory Assistant for promotion as Vocational Instructors in Fisheries, on the date of occurrence of vacancies. Hence steps have been taken to report these vacancies to the PSC for direct recruitment. In the light of the above averment in the counter affidavit, two vacancies are liable to be reported to the Public Service Commission. Therefore, there will be a direction to the 1st respondent to report the two existing vacancies, if not already reported, within a period of three weeks from the date of receipt of a copy of this judgment. The 2nd respondent will advise the candidates in terms of the rules without further delay. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp