IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 22719 of 2008(D) ----------------------------------------- PETITIONER(S): ------------------------- ANILKUMAR.S, S.R.BHAVAN, ERULOOR, NEERAMANKADAVU.PO, MITHIRMALA, THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE. *ADDL.R5 IS IMPLEADED: R5. JACOB THOMAS, AGED 40 YEARS, S/O.THOMAS, PAINAPPALLI HOUSE, POOTHANAM POST, (VIA) PATTIKKAD, MALAPPURAM DISTRICT. *ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 13/10/2008 IN I.A.NO.12581/08. GOVERNMENT PLEADER SRI.T.MOHAMMED FOR R1 & 3 ADV. SRI. ALEXANDER THOMAS, SC, PSC FOR R4 SRI.V.A.MUHAMMED FOR ADDL.R5 SRI.K.E.HAMZA FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008 ALONG WITH WPC NO. 28599 OF 2008 AND WPC.NO.28988 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22719/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RANKED LIST FOR THE POST OF H.S.A. (MATHEMATICS) IN KOZHIKODE DIST. EXT.P2: COPY OF THE JUDGMENT DTD. 17/09/2007 IN WP(C) NO. 23679/2007. EXT.P3: COPY OF THE NAMES OF THE SCHOOLS IN WHICH THERE ARE PROTECTED TEACHERS WORKING. EXT.P4: COPY OF THE LIST OF SCHOOLS HAVING SUBSTANTIVE VACANCIES OF H.S.A.(MATHEMATICS). EXT.P5: COPY OF THE REPLY DTD. 18/07/2008 ISSUED BY THE DDE TOGETHER WITH THE NAMES OF PROTECTED TEACHERS. EXT.P6: COPY OF THE LIST OF VACANCIES TOGETHER WITH CERTIFICATES OR INFORMATION GIVEN BY THE PRINCIPALS/HEADMASTER OF THE RESPECTIVE HIGHER SECONDARY SCHOOLS/HIGH SCHOOLS. EXT.P7: COPY OF THE LETTER DTD. 7/08/2008 ISSUED FROM GHSS KUTTIADY. EXT.P8: COPY OF THE LETTER DTD. 14/08/2008 RECEIVED UNDER THE RIGHT TO INFORMATION ACT FROM THE HEADMISTRESS BEYPORE. EXT.P9: COPY OF THE LETTER RECEIVED FROM THE PRINCIPAL, GVHSS CHERUVANNOOR. EXT.P10: COPY OF THE LETTER RECEIVED FROM THE HEADMASTER, GHSS, VALAYAM. RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.33803/2006 Y DTD. 27/04/2007. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos. 22719,28599 & 28988/2008 ----------------------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT Petitioners in these writ petitions are candidates included in the rank list prepared for the post of HSA(Maths) in Kozhikode District. The petitioner in WP(c).No.22719/08 would submit that in addition to the 4 vacancies which are already reported, there are 33 more vacancies. He is referring to Ext.P5 to P10. According to him Exts.P5 and P6 indicates existence of 14 vacancies each and Exts.P7,P8 and P10 indicates altogether 4 deputation vacancies and Ext.P9 indicates one vacancy where a daily wager is engaged. Now what he submitted is that, these vacancies are also to be reported to the PSC, so that candidates can be advised along with those who are to be advised against the 4 vacancies which are already reported to the PSC, as W.P.(C).Nos. 22719 & Conn. 2 otherwise the petitioners will be loosing their chance to be advised. 2. The learned Government Pleader on the other hand would submit that the figures shown by the petitioners are not correct and that the exact number of vacancies ,if at all any more is available, is yet to be assessed by the Deputy Director, Kozhikode. According to him, as at present they have assessed 8 vacancies and out of which 4 vacancies have already been reported. 3. As already noticed, the petitioner has produced Exts.P5 to P10 which are documents obtained invoking the provisions of the Right to Information Act. Thus prima facie, the petitioners have shown materials to suggest the availability of additional vacancies. This is a matter for the Deputy Director, Kozhikode to consider and ascertain as to whether any more vacancies in addition to the 8 vacancies are available. In that process, if it is found that additional vacancies are available, subject to the ratio prescribed, W.P.(C).Nos. 22719 & Conn. 3 those vacancies shall be reported to the PSC so that eligible candidates can be advised in one lot. 4. Accordingly the writ petition is disposed of directing that the Deputy Director of Education, Kozhikode shall assess the vacancies if any available, in addition to the 8 vacancies which are already assessed and if he finds that any more vacancies are available subject to the ratio that is prescribed, the additional vacancies shall be reported to the PSC. It is directed that once vacancies are reported as above, the PSC shall advise candidates also, so that the petitioners will not be deprived of their chance to be advised. For clarity it is also directed that on the assessment as above, even if it is found that no vacancies are available that should be intimated to the PSC and the candidates could be advised against the vacancies that are already reported. The above process of assessment and reporting of vacancies, if any, shall be completed as expeditiously as possible and at any rate within 4 weeks from the date of W.P.(C).Nos. 22719 & Conn. 4 production of a copy of the judgment. Petitioner shall produce a copy of the judgment and a copy of the writ petition before the Deputy Director of Education for compliance. ANTONY DOMINIC JUDGE vi. W.P.(C).Nos. 22719 & Conn. 5