IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 17114 of 2010(L) ------------------------ PETITIONER : --------------------- NIBRAS MUHAMMED R, S/O.ABDUL AZEEZ, "RAHMANI NIVAS", P.O.KOTTAMPALLY, KANNUR DIST. BY ADVS. SRI.KALEESWARAM RAJ SRI.LINDONS.C.DAVIS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESEDNTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. R1 & R2 BY GOVT. PLEADER SMT. M.T. SHEELA R3 & R4 BY ADV. SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON 28/11/2011 DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17114 of 2010(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RANKED LIST FOR THE POST OF PART TIME JUNIOR LANGUAGE TEACHER (ARABIC) LPS IN KANNUR DIST. EXT.P2 : COPY OF THE NOTIFICATION WHICH APPEARED IN GAZETTE DATED 12.6.2009. EXT.P3 : COPY OF THE COMMUNICATION DATED 19.2.2010. EXT.P4 : COPY OF THE MEMO DATED 31.3.2010. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17114/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of November, 2011 J U D G M E N T The petitioner has been included in the ranked list of Part-time Junior Language Teacher (Arabic) L.P.S in Kannur District. He is rank No.13 in Ext.P1. It is stated that persons upto rank No.8 have already been advised. The petitioner seeks for a direction to expedite the process for notification of No Candidate Available (N.C.A) vacancies and to fill-up the remaining vacancies, if no candidates are available pursuant to the said notification. It is stated that as far as the candidates under Latin Catholic, Other Backward Castes and Scheduled Castes are concerned, five vacancies remain as N.C.A. 2. In the counter affidavit filed by the second respondent it is stated that 18 vacancies of part-time Junior Language Teachers (Arabic) L.P.S have been reported to the Public Service Commission after the ranked list came into force and 11 candidates have been advised. Learned Standing Counsel for the Commission W.P.(C). No.17114/2010 -:2:- submitted that second NCA notification has already been issued and as far as category No.186/2011 is concerned, the date of Gazette Notification is 30/06/2011 and there are no applicants from Latin Catholic and Scheduled Castes. Against category No.185/2011, namely, OBC, there are three applicants. 3. Therefore, the learned counsel for the petitioner prayed that a direction may be issued to the Commission to act in terms of Rule 15(a) and 15(b) of Part II Kerala State and Subordinate Service Rules for advising the candidates from Ext.P1 ranked list. 4. Going by Rule 15(a) of K.S & S.S.R, if after renotification, repeatedly for not less than two times, no suitable candidate is available for selection from the respective community or group of communities, the selection shall be made from available other backward classes candidates. In the absence of O.B.C candidates, the selection will have to be made from available Scheduled Caste candidates and in their absence the selection shall be made from Scheduled Tribe candidates. 5. The learned Standing Counsel submitted that with regard to the NCA notification issued for W.P.(C). No.17114/2010 -:3:- selection from Scheduled Caste candidates, Rule 15(b) Part II K.S. & S.S.R will apply and the Commission will have to take appropriate decision in the matter. 6. In that view of the matter, there will be a direction to the Public Service Commission to take an appropriate decision with regard to the advice of candidates from Ext.P1 ranked list as the NCA notification for Scheduled Caste and Latin Catholic candidates has drawn a blank, and appropriate decision will be taken within a period of one month from the date of receipt of a copy of this Judgment. The writ petition is accordingly disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms