IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 12535 of 2009(J) ------------------------------- PETITIONERS: ---------------- 1. JOHNY.T.J.,S/O.JOSEPH, ST.JOSEPH MANDIRAM, MANAKKARA,SASTHAMCOTTA.P.O., KOLLAM. 2. SABU JOY, S/O. LIYANARD LIYAKOSE, MERL IN NIVAS, ERAVIPURAM.P.O., KOLLAM. BY MR.ABHILASH S.FRANCIS, ADVOCATE. MR.C.K.PRASAD, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 2. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOLLAM. 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, TRIVANDRUM. BY MR. ALEXANDER THOMAS, SC, KPSC FOR R3. MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12535 OF 2009 --------------------------------------- Dated this the 16th day of June, 2009. J U D G M E N T The petitioners were appointed as Vocational Instructors (Fisheries) in the Government Vocational Higher Secondary School, Cheriyazheekal as per Exhibits P1 and P1(a) appointment orders dated 14.02.2008. The Government, as per Exhibit P2, published notification in respect of “Kerala Vocational Higher Secondary Education State Service Rules 2004”. One method of appointment as Vocational Teacher is by transfer from qualified vocational instructors in the subordinate service of the department. A ratio has also been prescribed as per the Note to the Rules. In fact, prior to Exhibit P2 notification, the Public Service Commission had published a notification dated 12.10.2004 calling for the application to the post of 25 Vocational Teachers (Fisheries) with category No.156/04 through direct recruitment also. 2. By Exhibit P3, the Department issued a circular to forward the applications of qualified instructors for appointment W.P.(C) No.12535/2009 2 by transfer as Vocational Teachers. The petitioners thereafter submitted their applications, which were forwarded as per Exhibit P4 by the Principal. The petitioners have filed Exhibits P5 and P5(a) representations before the Director of Vocational Higher Secondary Education seeking to include them in the seniority list of Vocational Instructors and to take steps to fill up six existing vacancies. 3. Exhibit P5(b) shows that the applications submitted by the petitioners have been forwarded to the Director by the Principal. Since no further action is being taken in the matter, the petitioners have filed this writ petition seeking for a direction to prepare the seniority list and to finalize the selection. 4. Heard the learned counsel for the petitioners and the learned Government Pleader. 5. Learned Government Pleader submitted that the petitioners have not completed the period of probation and their period of probation expires only on 24.10.2009. Learned counsel for the petitioners submitted that the petitioners are appointed in the first batch of Vocational Teachers and therefore, no objection can be raised on that ground. W.P.(C) No.12535/2009 3 6. Be that as it may, since the matter is now pending before the Director, it is upto the Director to take a decision after considering various aspects in accordance with the relevant rules and this Court at this stage is not expressing anything on the merits of the case. There will be a direction to the first respondent to consider the grievances raised by the petitioners in Exhibits P5 and P5(a) and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp