IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 1077 of 2008(C) ------------------------- PETITIONER(S): --------------- 1. GIRISH M.P., PEON, GOVERNMENT HIGH SCHOOL, AZHCHAVATTOM, CALICUT - 7. 2. SATHEESH SUNNY K., LOWER DIVISION CLERK, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, CALICUT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, CALICUT. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, CALICUT. 5. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 6. SHRI.LINEESH.C., HIGH SCHOOL ASSISTANT, SANSKRIT HIGH SCHOOL, VATTOLI (VIA), KAKKATTU, VADAKARA, KOZHIKODE DISTRICT. *ADDL.R7. SHAJI, VALIYA VEETTIL HOUSE, VELLIPARAMBA (P.O.), KOZHIKODE, PIN - 673 008. WPC NO.1077/2008 *ADDL.R8 NISHIDA.M., PULIYAKUNDIL HOUSE, THIKKODI.P.O., MElADI VIA., KOZHIKODE. *ADDL.R9 PRIYA B., JAYAPURI, KODUVATTOOR.P.O., KAKKODI VIA., KOZHIKODE - 673 611. *ADDL.R10 SHIMJIDA.P., CHAPPANGARIYIL HOUSE, PULAMBIL.P.O., KOZHIKODE, PIN - 673 012. *ADDL.R11 : RUKHI GEORGE, KOCHEELATHU HOUSE, THIRUVAMBADI.P.O., KOZHIKODE - 673 603. *ADDL.R12 : DIVYA M.S., MAVILA VEEDU, KODUMON, ATTINGAL.P.O., THIRUVANANTHAPURAM - 695 101. *ADDL.R13 : AGHOSH N.M., NIDUMTHODI MEETHIL HOUSE, MANIYUR.P.O., POYYOLI VIA,., KOZHIKODE - 673 523. *ADDL.R14 : SEEMA P., PUTHIYOTHUM POYIL, CHENOLI.P.O., PERAMBRA VIA, KOZHIKODE - 673 525. (*ADDITIONAL RESPONDENTS 7 TO 14 ARE IMPLEADED AS PER ORDER DATED 19/03/2008 IN I.A.NO.3852/2008) ADV. SRI.R.K.MURALEEDHARAN FOR R6-9,12&14 T.T.MOHAMOOD, GOVERNMENT PLEADER FOR R1 TO R4 SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1077/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE GOVERNMENT ORDER, G.O.(MS) NO.120/99/G.EDN. DATED 25/05/1999. P2 : COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 07/05/2005 REGARDING GAZETTE NOTIFICATION DATED 26/04/2005. P3 : COPY OF RANK LIT PUBLISHED BY THE PUBLIC SERVICE COMMISSION DATED 20/11/2006 FOR THE POST OF HSA (PHYSICAL SCIENCE). P4 : COPY OF NOTIFICATION DATED 13/10/2006 ISSUED FOR BY-TRANSFER APPOINTMENT IN ENGLISH SUBJECT. P5 : COPY OF NOTIFICATION DATED 13/10/2007 ISSUED BY THE PUBLIC SERVICE COMMISSION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 10/11/2007 FOR APPOINTMENT TO THE POST OF HSA (MATHEMATICS) P6 : COPY OF THE NEWS ITEM IN MATHURBHUMI THOZIL VARTHA DATED 10/11/2007 REG. APPOINTMENT TO THE POST OF HSA (SANSKRIT). P7 : COPY OF THE NEWS ITEM REG. GAZETTE NOTIFICATION DATED 28/11/2007 PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 08/12/2007 FOR BY TRANSFER APPOINTMENT OF HSA (SOCIAL STUDIES) P8 : COPY OF THE NEWS ITEM REG. GAZETTE NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 23/06/2007 FOR APPOINTMENT TO THE POST OF HSA (MALAYALAM). P9 : COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 29/09/2007 REG. APPOINTMNET TO THE POST OF HSA (HINDI). P10 : COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 24/03/2007 REG. APPOINTMENT TO THE POST OF HSA (NATURAL SCIENCE). P11 : COPY OF THE COMMUNICATION OF the DEPUTY DIRECTOR OF EDUCATION, CALICUT DATED 05/01/2007. P12 : COPY OF THE COMMUNICATION ISSUED BY THE PSC DATED 29/09/2007. P13 : COPY OF ORDER OF THE PUBLIC SERVICE COMMISSION DATED 04/12/2007. P14 : COPY OF REPRESENTATION DATED 31/07/2006 SUBMITTED BY THE 1ST PETITIONER. P15 : COPY OF THE REPRESENTATION DATED 29/08/2006 SUBMITTED BY THE 2ND PETITIONER. WPC NO.1077/2008 P16 : COPY OF ADVICE LETTER NO.D11(1)/605/04 DATED 29/02/2008 ISSUED BY THE PUBLIC SERVICE COMMISSION TO 8 PERSONS IN EXHIBIT P3 RANK LIST FOR THE POST OF HSA (PHYSICAL SCIENCE). P17 : COPY OF NOTIFICATION ISSUED BY THE PUBLIC SERVICE COMMISSION IN MATHRUBHUMI THOZHILVARTHA DATED 10/05/2008. RESPONDENT'S EXHIBITS R6(a) : COPY OF THE GO(MS) 438/70/S.EDN. DATED 20/10/1970. R6(b) : COPY OF THE GO(MS) NO.20/2001/G.EDN. DATED 25/01/2001. R7(a) : COPY OF THE GO(MS) 437/70/S.EDN. DATED 20/10/1970. R7(b) : COPY OF THE GO(MS) NO.20/2001/G.EDN. DATED 25/01/2001. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. -------------------------- W.P.(C) No.1077 of 2008 ------------------------------------- Dated this the 12th day of December, 2008 J U D G M E N T The 1st petitioner is a Peon in the Government High School, Azhchavattom and the 2nd petitioner is an LDC in the AEO office, Faroke. Both of them claim to be eligible for the post of HSA (Physical Science) and to be considered in the 10% quota earmarked in Ext.P1 Special Rules for ministerial staff. 2. They filed this writ petition at a time when Exts.P12 and P13 were issued by the PSC proposing to fill up the vacancy earmarked for the 10% quota by direct recruitment on the ground that none were available from among the ministerial staff. The petitioners also sought a direction to the PSC to initiate recruitment process to fill up the vacancy earmarked for their category. 3. Subsequent to the filing of the writ petition, by Ext.P17, the PSC has already issued notification inviting applications from among the ministerial employees for filling up the posts earmarked for that category. Therefore, once that notification was issued, W.P.(C) No.1077/2008 -2- substantial portion of the grievances in the writ petition stands redressed. 4. Therefore, at this stage, what the petitioners can legitimately claim is to direct the PSC to expedite the selection process, that they have already initiated by Ext.P17 notification. According to the petitioners they have also submitted their applications. 5. Now that the PSC has initiated recruitment process by Ext.P17, it is only proper that the PSC expedites the same, and complete the process as expeditiously as possible. There will be a direction to that effect. In the meantime, the interim order passed by this Court restraining filling up of the three vacancies will continue. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg