IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 36367 of 2007(D) -------------------------- PETITIONERS: ------------ 1. MRS.REMA.C.B, 34 YEARS, W/O. BABU C.S,10/123-B THEKKEGRAMAM, CHITOOR, PALAKKAD. 2. MRS.PRAMEELA, AGED 31 YEARS, W/O. VIJAN, VALAYANGHAT HOUSE, VALAYANGHAT HOUSE, VEERAMANGALAM, CHERPLASSERY (PO) PALAKKAD. 3. SWARNALATHA C.K. AGED 42 YEARS, W/O. KRISHNANUNNI VIVEKANDA COLONY, KUNATHUR MEDU PO PALAKKAD. 4. MRS. PRASEETHA V AGED 27 YEARS, W/O. SURESH K.U. MEENANIVAS, MULANJOOR PO, OTTAPPALAM, PALAKKAD. 5. MRS, PRAJJWALA A.K. AGED 32 YEARS, W./O. BABU, KURIHYADI HOUSE, CHETHANAMKURSI, ANAMANGAD PO, MALAPPURAM 679 357. 6. MS. SINDHU KOROTH AGED 31 YEARS, D/O. BHASKARAN.K., KOROTH HOUSE, ULIYIL PO, MATTANUR (VIA) KANNUR DISTRICT 670 707. 7. MRS. JEEJAJA SASTHRI K.S. AGED 32 YEARS, W/O. K.P.SREENIVASAN, GURUKULAM, PERINGANDUR,TRICHUR 680 581. 8. SINDHU.S, AGED 34 YEAS, THOMNAVATHZEKATHA VEEDU KARIMPENPUZHA PO, KOLLAM DISTRICT. WP(C) No.36367/2007 2 9. AYISHA P. AGED 39 YEARS W/O,. UBAIDH, MELANGATTU HOUSE OMANNUR PO, CHERUVAYOOR VIA MALAPPURAM. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 4. THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 BY GOVERNMENT PLEADER SHRI T.T.MUHAMMED FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF RANKED LIST OF HAS (SANSKRIT) ON RS.4600-7125 (PR) IN EDUCATION DEPT, PALAKKAD DISTRICT ISSUED BY THE 4TH RESPONDENT EXT.P2 TRUE COPY OF LETTER DATED 23.11.2007 ISSUED BY THE HEADMISTRESS TO THIRD RESPONDENT EXT.P2(a) -DO- -DO- EXT.P2(b) -DO- DATED 13.11.2007 -DO- -DO- EXT.P2(c) TRUE COPY OF THE VACANCY LIST AS ON 1.11.2007 (SANSKRIT) DATED 23.11.2007 ISSUED BY THE HEADMISTRESS EXT.P2(d) TRUE COPY OF THE VACANCY REPORT DATED 23.11.2007 ISSUED BY HEADMISTRESS TO THIRD RESPONDENT EXT.P2(e) TRUE COPY OF THE VACANCY REPORT DATED 16.11.2007 ISSUED BY HEAD MASTER, GOHS, EDATHANATTUKARA TO THIRD RESPONDENT EXT.P2(f) TRUE COPY OF VACANCY REPORT DATED 10.9.2007 ISSUED BY HEAD MASTER GHS, CHERPULASSERY TO THIRD RESPONDENT EXT.P2(g) TRUE COPY OF VACANCY REPORT DATED 22.11.2007 ISSUED BY HEADMASTER GGHS, NENMARA TO THIRD RESPONDENT. EXT.P2(h) TRUE COPY OF VACANCY REPORT ISSUED BY HEADMISTRESS, GHSS KIZHAKKERNCHERRY TO THIRD RESPONDENT EXT.P2(i) TRUE COPY OF VACANCY REPORT ISSUED BY HEADMISTRESS TO THIRD RESPONDENT EXT.P(j) TRUE COPY OF VACANCY REPORT DATED 12.11.2007 ISSUED BY HEADMISTRESS GHSS, PERINTOTTUKURISSI TO THIRD RESPONDENT EXT.P3 TRUE COPY OF G.O.(MS)120/99/G.Edn DATED 25.5.99 ISSUED BY FIRST RESPONDENT EXT.P4 TRUE COPY OF GO(MS)433/70/S.Edn DATED 20.10.70 ISSUED BY SCHOOL EDUCATION (C) DEPT. EXT.P5 TRUE COPY OF THE LETTER NO.DRIV(3) 1941/01/GV DATED 12.02.07 ISSUED BY 4TH RESPONDENT EXT.P6 TRUE COPY OF REPRESENTATION DATED 30.9.2007 SUBMITTED BY PETITIONERS BEFORE THE THIRD RESPONDENT //TRUE COPY// K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.36367 of 2007 D -------------------------------------- Dated this the 3rd day of June, 2008. J U D G M E N T The petitioners are included in Ext.P1 ranked list for the post of HSA (Sanskrit) in Palakkad District. Their grievance is that the third respondent, the Deputy Director of Education, Palakkad, is not taking any action to report the available vacancies to the Public Service Commission. According to the petitioners, there exists 11 vacancies, as evidenced by Exts.P2 to P2(j) and there are other vacancies in the post of HSA (Sanskrit) which are lying vacant. According to the petitioners, the vacancies are liable to be filled up from Ext.P1 ranked list as no candidates are available for filling it by transfer/promotion. 2. The reliefs prayed for in the Writ Petition are the following:- “a. Issue Writ in the nature of mandamus commanding the 3rd respondent to report all the vacancies now available in the post of H.S.A.(Sanskrit) to the 4th respondent immediately. b. Issue writ in the nature of mandamus commanding the 4th respondent to advise the petitioners to all the existing vacancies of H.S.A.(Sanskrit). c. Issue writ in the nature of mandamus commanding the 3rd respondent to retain the Full Time post of H.S.A. (Sanskrit) as such during the currency of ranked list at Ext.P.1. d. Issue writ in the nature of mandamus commanding the 3rd respondent to fill the vacancies earmarked to be filled by promotion and transfer from the existing ranked list at Ext.P.1. e. Declare that the 3rd respondent is liable to report all the vacancies available for the academic year 2007-08 in the post of H.S.A.(Sanskrit) to the 4th respondent and the 4th respondent in turn liable to advise the petitioners to the post of H.S.A. (Sanskrit) forthwith and also declare that the vacancies earmarked to be appointed by transfer and promotions are to be filled by direct recruitment as there exists no incumbents in the above categories. f. Issue such other appropriate writ or order or direction as deemed fit and proper by this Honourable Court on the facts and circumstances of the case.” 3. On 18.3.2008, this Court passed an interim order which reads as follows:- “Govt. Pleader submits that although there are vacancies, they are vacancies which are to be filled up by inter- district transfer and by transfer from ministerial staff. The question as to whether in the absence of candidates in those categories, these vacancies can be filled up by direct recruits is to be decided by the Government. Govt. Pleader seeks one month's time for the Government to take such a decision. The Government shall take a decision on this subject within one month. Post immediately after re- opening after summer vacation.” 4. The learned Government Pleader produced before me, for perusal, an order dated 24.5.2008 passed by the Government. The order dated 24.5.2008 reads as follows:- “As per the existing rules 35% of the net vacancies of Primary Teachers and 30% of the net vacancies of High School Assistants are filled up by inter district transfers. In the Government Order read as first paper above, orders were issued specifying the nature of vacancies reckoned for computing net vacancies under different categories for recruitment as Primary Teachers and High School Assistants. The DPI as per the letter read as 4th paper above has requested to clarify whether the posts vacant in the cadre of Primary Teachers and High School Assistants in various Districts due to non availability of eligible applicants to be appointed as Primary teachers and HSAs through inter District transfer can be reported to PSC to fill up such vacancies. Government have examined the matter in detail and are pleased to order that the posts vacant in the category of Primary Teachers and HSAs due to the absence of eligible applicants to be posted as Primary teachers and HSAs through inter District transfer shall be reported to PSC to fill up such vacancies. Orders issued in the G.O. read as 2nd and 3rd papers above will also prevail.” 5. The petitioners are satisfied if a direction is issued to the respondents to act in accordance with the Government Order dated 24.5.2008 and to report the vacancies accordingly. Accordingly, the Writ Petition is disposed of directing the third respondent to report the vacancies of HSA (Sanskrit) in Palakkad District in terms of the Government Order dated 24.5.2008. The disposal of this Writ Petition in the manner indicated above will not foreclose the right, if any, of the petitioners in respect of any other reliefs which are not dealt with hereinabove. K.T. SANKARAN, JUDGE. cks