IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 19520 of 2008(W) -------------------------- PETITIONER(S): ------------------ 1. K.K.SHIBU, S/O.KRISHNANKUTTY, 'KASAKSHAM', KODUMTHARAPILLY P.O., PALAKKAD-4. 2. BHAVADAS.K., S/O.KRISHNAN, MANIYODUKALAM, ELAPPULLY P.O., PALAKKAD. 3. JAYACHANDRAN.S.M., S/O.MADHAVAN, SOMAN HOUSE, KADUKKAMKUNNU P.O., PALAKKAD. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------ 1. KERALA PUBLIC SERVICE COMMISSION- REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. 2. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD. 4. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R4 SRI.ALEXANDAR THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19520/08 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE RANK LIST FOR THE POST OF LABORATORY ASSISTANTS PUBLISHED BY THE PSC ON 20/12/2006. EXT.P2: TRUE COPY OF G.O.(MS) NO.160/08/G.EDN DT 15.9.2008. EXT.P3: TRUE COPY OF COMMUNICATION DT 5.8.08 OBTAINED FROM THE DIRECTOR OF HIGHER SECONDARY EDUCATION. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 19520 OF 2008 (W) ==================== Dated this the 19th day of November, 2008 J U D G M E N T The prayer in this writ petition is to direct the 4th respondent to report the vacancies of Laboratory Assistants in the Kerala Higher Secondary Education Department in Palakkad District. It is stated that the petitioners were included in the rank list published by the PSC on 20/12/2006. According to the petitioners, there are about 30 vacancies to be reported and it is with that prayer the writ petition has been filed. 2. However, going by the averments in the counter affidavit, all available vacancies have been reported and there were no further vacancies to be reported. Subsequent to the filing of the counter affidavit, petitioners have, along with IA 14662/08 produced Exts.P2 and P3. Ext.P2 is GO(MS) No.160/08/Gen.Edn dated 15/9/08. This Government order shows that in the Government Higher Secondary school, various posts, including 76 posts of Laboratory Assistants have been created. 3. Obviously, the posts have been sanctioned for the entire state and therefore the petitioners can claim only if any of those posts have been earmarked for Palakkad District. Counsel for the petitioners submit that out of the 76 posts, 8 posts have been allotted to Palakkad District. There is absolutely no material to conclude that 8 posts have been allotted WPC 19520/08 :2 : to Palakkad District. However, if any posts have been earmarked for Palakkad District and out of those posts, the quota available for direct recruits will certainly have to be reported. This the 4th respondent shall do without further delay in this matter. 4. Counsel for the petitioners, making reference to Ext.P3 submits that there are 8 NJD vacancies to be reported. However, this contention of the petitioners is contradicted by the learned Government Pleader referring to para 4 of the counter affidavit where it is stated that 8 NJD vacancies have also been reported. Now that the assertion of the petitioners is countered by the assertion in the counter affidavit, this Court will not be justified in concluding the issue either way. However, if there is any NJD vacancies available to be reported in the direct recruitment quota, necessarily that should also be reported. Writ petition is disposed of with the aforesaid directions. The vacancies, if available, shall be reported, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp