IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29911 of 2008(J) -------------------------- PETITIONER: --------------- ZAINUL ABIDEEN.K, AGED 32 YEARS, S/O.UNNI MOHAMMED, VALAPPRA KANDIYIL (H), CHEMPUTHOOR, MONGAM.P.O, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. SC FOR R1 MR. ALEXANDER THOMAS. R3 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No.29911 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of October 2008 J U D G M E N T Petitioner is included in the rank list published by respondents 1 and 2 for the post of HSA (English) for Malappuram District. Admittedly, 121 vacancies have already been reported and as is evident from Ext.P6 itself, against a cadre strength of 221, 179 direct recruits are already in place. This obviously is far in excess of the 30% quota earmarked for direct recruitment. However, learned counsel for the petitioner, relying on Ext.P1, suggests that in the absence of candidates for inter-district transfer that quota has to be given to the direct recruitment candidates like the petitioner. There is absolutely no material on record to show that posts are available in this quota to be diverted to the direct recruitment quota. Therefore, on the materials available it is not possible to conclude on the availability of any vacancy to be filled up by direct recruitment for the same should be reported to the Public Service W.P.(C) No.29911 OF 2008 -2- Commission. Further, it is now reported that the list is also expirin today. In view of this, I am not in a position to grant any reliefs to the petitioner. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jj