IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 RP.No. 686 of 2008() IN W.A.No.979 of 2008 -------------------- AGAINST THE JUDGEMENT IN WA.979/2008 Dated 04/06/2008 .................... PETITIONER/APPELLANT: ------------------------------- RAJEESHA.C.P.(CHENNIPARAMBATH) ' KARTHIKA', KOTTAYAMPOYIL PO., KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. 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 , KANNUR 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMSSION,KANNUR BY GOVERNMENT PLEADER SRI.BENNY GERVACIS ADV. SRI.ALEXANDER THOMAS, SC.,KPSC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/07/2008, ALONG WITH RP NO. 687 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- R.P.NO.686 OF 2008 IN W.A.NO.979 OF 2008 & R.P.NO.687 OF 2008 IN W.A.NO.980 OF 2008 ----------------------------------- Dated this the 8th day of July, 2008 O R D E R KOSHY,J. In these cases, petitioner's name is included in the rank list prepared by the Public Service Commission for appointment to the post of H.S.A. (Mathematics) in Kannur District. Following the judgment of the Supreme Court in R.K.Sabharwal and Others v. State of Punjab ((1995) 2 SCC 745), wherein it was held that cadre strength should be considered for filling up the vacancies according to the ratio fixed in Service Rules, we have dismissed the writ appeal as already direct recruitments were in excess of their quota and there is no chance for direct recruitee but promotion has to be given to the inservice candidates. Therefore, advice memos by the PSC were ordered to be cancelled correctly by the Learned Single Judge. In the review petitions, it is R.P.NO.686 OF 2008 IN W.A.NO.979 OF 2008 & R.P.NO.687 OF 2008 IN W.A.NO.980 OF 2008 2 prayed that if there are no persons available for promotion and no application is pending for inter district transfer and if there are further vacancies available during the currency of the list, the already advised candidates by the PSC may be accommodated as students shall not suffer due to lack of teachers. In these circumstances, after giving promotion to all eligible employees and after allowing all requests for inter district transfer to Kannur, if there are further vacancies available during the currency of the list, it shall be filled up by the persons already advised by the PSC. We make it clear that in view of the expiry of rank list, no new candidates can be advised. These review petitions are disposed of accordingly. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008