IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 31ST JANUARY 2007 / 11TH MAGHA 1928 WP(C).No. 17246 of 2005(C) -------------------------- PETITIONER: ------------ 1. SHEENAS BEGUM S., SHAHINA BUILDINGS, PUNNALA P.O., PIRAVANTHOOR (VIA), KOLLAM DISTRICT. 2. C. JAYAKUMAR, ERUVELIKKAL HOUSE, MANYAR P.O., PUNALUR. BY ADV. SMT.P.V.ASHA SMT.SHAMEENA SALAHUDHEEN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. ADDITIONAL RESPONDENTS. 4. SHAJU.K.K., KELOTHKANDY HOUSE THURUTHIAD, BALUSSERY, KOZHIKODE DISTRICT 5 BIJUKUMAR.P., PULLORAMMAL HOUSE PADINJARATHARA P.O. WAYANAD DISTRICT 6. ASHA.R.NAIR, ANASWARA, PERUMANNA P.O. KOZHIKODE DISTRICT. R4,R5 & R6 IMPLEADED VIDE ORDER DATED 16-03-06 IN I.A.NO.3617/06 W.P.C.NO.17246/05 7. SHEEBA.K., KARUVANGAL HOUSE ORAVIL P.O., NADUVANNUR ( VIA) KOZHIKODE DISTRICT. R7 IMPLEADED VIDE ORDER DATED 28-09-06 IN I.A.NO.13387/06 8. GEETHA DEVI.P.S. HIGH SCHOOL ASSISTANT GOVT. HIGHER SECONDARY SCHOOL, KIZHAKKANCHERRY PALAKKAD R8 IMPLEADED VIDE ORDER DATED 18-12-06 IN I.A.NO.17421/06 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC SRI.V.A.MUHAMMED SRI.K.E.HAMZA SMT.A.RAJESWARI GOVERNMENT PLEADER SMT.M.R.SREELATHA SRI.GEORGE ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2007 ALONG WITH WPC NO. 8105 OF 2005 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.17246/05 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST FOR THE POST OF H.S.S.T.(MALAYALAM) SENIOR. EXT.P2 TRUE COPY OF THE RELEVANT PORTION OF THE LIST OF REGULARISED TEACHERS IN MALAYALAM. EXT.P3 TRUE COPY OF THE RELVANT PORTION OF THE STATEMENT OF THE FIRST RESPONDENT IN O.P.31314/02 EXT.P4 TRUE COPY OF THE GOVT. ORDER DATED 13-05-1998 EXT.P5 TRUE COPY OF THE GOVT.ORDER DATED 24-06-02 EXT.P6 TRUE COPY OF THE ORDER DATED 11-1-05 EXT.P7 TRUE COPY OF THE GOVT.ORDER DATED 24-09-04 EXT.P8 TRUE COPY OF THE ORDER DATED 10-05-05 IN W.P.C.NO.14142/05 EXT.P9 TRUE COPY OF THE GOVT.ORDER DATED 26-04-05 EXT.P10 TRUE COPY OF THE STATEMENT DATED 28-11-02 IN O.P.31314/02 EXT.P11 LIST OF VACANCIES OF H.S.S.T MALAYALAM EXT.P12 LIST OF SCHOOLS SANCTIONED PRIOR TO 2004 WITH VACANCIES OF H.S.S.T MALAYALAM AS ON 27-01-06 EXT.P13 LIST OF SCHOOLS WITH VACANCIES OF H.S.S.T SENIOR IN MALAYALAM WHERE GUEST LECTURERS ENGAGED. RESPONDENT' EXHIBITS EXT.R4(A) TRUE COPY OF THE ORDER OF THE DIRECTOR OF HR.SECONDARY EDUCATION, TRIVANDRUM EXT.R4(B) TRUE COPY OF THE G.O.(P)NO.144/2001/G.EDN. OF THE GOVT. EXT.R4(C) TRUE COPY OF THE G.O.(RT)NO.1661/2005/G.EDN. OF THE GOVT. EXT.R4(D) TRUE COPY OF THE ORDER NO.AD.B2/15177/2005/HSE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION. /True Copy/ PA to Judge. K. M. JOSEPH, J. ------------------------------------ W.P.C NO. 17246 OF 2005 C ------------------------------------- Dated this the 29th November, 2006 ORDER When this matter was heard, learned Government Pleader submitted that even though in the earlier Affidavits it is stated that there are 216 vacancies making up a grand total of 392 vacancies, actually when the ratio is properly worked out, there would only be 283 vacancies available for direct recruitment of which advice has already been made in respect of 275 vacancies. However, Smt. P.V. Asha, learned counsel for petitioners, would point out that this is incorrect. She relied on documents obtained under the Freedom of Information Act, to contend that the figures submitted by Government Pleader are not correct. Learned Government Pleader submits that a detailed Affidavit will be filed by second respondent dealing with the documents produced by petitioners also. She sought three weeks' time to file the Affidavit. Affidavit of second respondent as WP(C) 17246/05 C 2 contemplated above, shall be brought on record on or before 18.12.2006. Post on 18.12.2006. H/O. to both sides. K. M. JOSEPH, JUDGE kbk.