IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 8279 of 2007(I) ------------------------------------ PETITIONER: ------------------- A.R.VIJAYAKUMAR, AGED 46 YEARS, S/O A.RAMAN, AMBASSERIL HOUSE, NOW WORKING AS VOCATIONAL TEACHER (RUBBER TECHNOLOGY), GOVERNMENT V.H.S., ODAKALI, PERUMBAVOOR. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU. RESPONDENTS: ------------------------ 1. THE DIRECTOR, KERALA VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTAM, TRIVANDRUM. R1 BY GOVERNMENT PLEADER MR. V. MANU, R2 BY MR.ALEXANDER THOMAS,S.C,KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8279/2007: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INTIMATION DTD. 23/01/2007. EXT.P.2: COPY OF THE SPECIAL RULES APPLICABLE TO VOCATIONAL TEACHER. EXT.P.3: COPY OF THE GOVERNMENT ORDER DTD. 20/11/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ------------------- W.P.(C).8279/2007 -------------------- Dated this the 15th day of February, 2010 JUDGMENT None appears for the petitioner. 2. It is stated that as per the Special Rules, the post of 'Vocational Teacher (Rubber Technology)' is to be filled up in the ratio of 2:1:7 from among the vocational Instructors, ministerial staff and by direct recruitment. According to the petitioner, if the existing vacancies are filled up in the ratio as provided in the Special Rules, he, being a ministerial staff in the department, is entitled to be appointed to one of the existing vacancies. 3. On the other hand, Government states in the counter affidavit filed, that the ratio can be operated only if a minimum of five vacancies are available. According to them, there were only three vacancies and those three vacancies were reported to the PSC. PSC also confirms that three vacancies were reported and that three candidates were advised from the rank list. None W.P.(C).8279/07 2 of the candidates appointed against the vacancies have been impleaded in this writ petition. Even otherwise, according to the 1st respondent, ratio cannot be operated for want of vacancies. In the circumstances, petitioner, a ministerial staff, cannot aspire appointment to the post of 'Vocational Teacher (Rubber Technology)'. I find no merit in the writ petition. It is accordingly dismissed. ANTONY DOMINIC, Judge mrcs