IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WA.No. 2915 of 2007 --------------------- AGAINST THE JUDGEMENT IN WPC.32854/2006 Dated 30/10/2007 .................... APPELLANT: PETITIONERS 1 & 2 ---------------------------- 1. SHINE THOMAS, PRASANTH HOUSE, VENGALLOOR, P.O.THODUPUZHA, IDUKKI DISTRICT. 2. LILA A.M., AMBATTUKUDIYIL HOUSE, SELLIYAMPARA P.O., VELLATHOOVAL(VIA), IDUKKI DISTRICT. * 2nd appellant deleted from party array . 2nd appellant deleted from party array as per order dated 18-2-2008 in I.A.No. 182/08. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM PALACE P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, IDUKKI. BY GOVERNMENT PLEADER MR. BENNY GERVACIS BY STANDING COUNSEL FOR P.S.C. MR. ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. ======================= W.A. NO. 2915 of 2007 ======================== DATED THIS THE 10th DAY OF MARCH 2008 JUDGMENT Balakrishnan Nair,J. The first appellant was the first petitioner in the writ petition. The writ petitioners were persons included in the rank list published by the Kerala Public Service Commission for appointment to the post of HSA (Hindi) in Idukki District. The rank list was published on 23-3-2004 and its validity expired on 22-3-2007. On the eve of the expiry of the rank list , this Court by order dated 16-3-2007 directed the appointing authority to report at least ten vacancies to the Public Service Commission. It was also ordered that the candidates need not be advised for those vacancies without further orders from this Court. At the time of disposal of the writ petition, the learned single Judge directed to fill up two vacancies among the 10 vacancies so reported. Contending that six vacancies should also be filled up from among the candidates included in the rank list, this writ appeal is filed. Pursuant to the direction of this Court, the appointing authority has filed a statement in which it is submitted that the total cadre strength of HSA(Hindi) in Idukki District is 61. Appointments to those posts have to be made in the ratio of 3:3:3:1 between direct recruitment, inter district transfer, promotion of primary teachers and promotion of ministerial staff respectively. It is pointed out that when vacancies are apportioned as per the above ratio, the cadre strength for direct recruits is only 18. At present 35 direct recruits are in position. Further, two more persons were also directed to be appointed by the judgment under appeal, making the strength of direct recruits 37. No further vacancies are available for direct recruitment, it is submitted. The appointing authority also stated that the existing vacancies should be filled up by special recruitment of candidates belonging to SC/ST. 2. The petitioner has filed reply affidavit in which it is sated that the SC/ST candidates are occupying posts in excess of their quota and therefore, there cannot be any further special recruitment of SC/ST candidates. Going by the decision of the Apex Court in R.K.Sabarwal v. State of Punjab, (1995)2 SCC 745, the reservation has to be worked out with reference to cadre strength. If that be so, if there are six candidates belonging to SC/ST, the quota for SC/ST candidates is satisfied. Anyway in this case, we are not concerning with the said dispute. Even assuming there is some illegality in the stand taken by the appointing authority concerning reservation to SC/ST, since the quota for direct recruits has already been filled up, no relief can be granted in this appeal. In the result, the appeal fails and it is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- P.N. RAVINDRAN , JUDGE ks. TRUE COPY P.S.TO JUDGE