IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 3196 of 2010(Y) ------------------------- PETITIONER(S): --------------- 1. SUBRAHMANIAN.V., S/O.V.PONNU, VAYANKARATHODI HOUSE, CHEERAL P.O., CHEERAL VILLAGE, S.BATHERY TALUK, WAYANAD-673 595. 2. SINDHU MATHEW, ERUMALA HOUSE, C/O.DESEEYA AYURVEDIC PHARMACY B.STREET, MANANTHAVADY VILLAGE, MANANTHAVADY TALUK-670 645. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.JIJO PAUL RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY SECRETARY, TRIVANDRUM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD. 3. THE STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD, CIVIL STATION, KALPETTA NORTH-673 122. BY ADV. SRI. ALEXANDER THOMAS, S.C. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, ALONG WITH R.P.NO 218/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 3196/2010 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF NOTIFICATION DT. 30-12-2003. EXT.P2 RANKED LIST FOR THE POST OF H.S.A. PHYSICAL SCIENCE. EXT.P3 NOTIFICATION DST. 30-4-2008. EXT.P4 JUDGMENT IN W.P.C. NO. 32187/2007 [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 3196 of 2010 & R.P.No. 218/2010 in W.P (C) No. 32187/2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of March, 2010. J U D G M E N T These two cases relate to appointment of High School Assistant (Physical Science) in the Department of Education in Wyanad District. I had disposed of W.P(C) No. 32187/2007 by judgment dated 26-3- 2008 wherein, I had passed the following judgment: “3. In the above circumstances, the writ petition is disposed of with the following directions: The respondents shall not make any advice or appointment to vacancies set apart for appointment by transfer from the ministerial officers of the Education Department from the list prepared for direct recruitment. The PSC shall complete the process of preparation of rank list for appointment by transfer from the ministerial wing in Wyanad District also, as expeditiously as possible.” The review petition is filed against that judgment. The petitioners in the review petition and the petitioners in W.P(C) No. 3196/2010 are the same. Their contentions are as follows: 2. They have been included in the rank list for appointment to the posts of High School Assistant (Physical Science) by direct recruitment. They are rank nos. 14 and 15 in Ext. P 2 rank list in W.P (C) No. 3196/2010 prepared for the said post by the Public Service Commission. According to them, there are 5 vacancies available for advising candidates. As per the recruitment rules as well as Ext. P3 notification inviting applications for selection to the post, it is provided that in the absence of suitable candidates, the vacancies set apart for by transfer appointment shall be filled up by the candidates from the ranked list prepared for direct recruitment. The petitioners contend that for the 5 vacancies available, only 3 candidates applied W.P.C. No. 3196 & R.P. 218/2010 -: 2 :- pursuant to notification inviting applications issued by the Public Service Commission for appointment in the by transfer category. Therefore, going by the recruitment rules, the balance 2 vacancies have to be filled up by advising candidates from the rank list prepared for direct recruitment is their contention. Their grievance is that in view of the judgment in W.P(C) No. 32187/2007, wherein I had directed not to make any advice or appointment to the vacancies set apart for appointment by transfer from the ministerial officers of the Education Department from the list prepared for direct recruitment, two available vacancies cannot be filled up from the rank list for direct recruitment although the recruitment rules provide for the same. In the above circumstances, they seek review of my judgment clarifying that the judgment would not stand in the way of advising candidates from the rank list prepared for direct recruitment to the vacancies for which there are no applicants for by transfer recruitment. In W.P(C) No. 3196/2010, they seek a direction to the Public Service Commission to advice persons from the list prepared for direct recruitment to the two vacancies remaining after satisfying the claims of the only three applicants who have applied pursuant to the notification inviting applications for by transfer appointment. 3. In view of the specific contentions of the petitioners, I passed an interim order in W.P(C) No. 3196/2010 as follows: Counsel for the petitioners submits that the petitioners have filed a petition for leave to file a review petition against Ext. P4 judgment. Post along with I.A. 53/2010 in Review Petition . . . . . of 2010 in W.P(C) No. 32187/2007. Counsel for the petitioner shall serve two additional copies of the writ petition on the learned Government Pleader.” W.P.C. No. 3196 & R.P. 218/2010 -: 3 :- Today, the learned standing counsel for the Public Service Commission confirms that 5 vacancies have been reported for recruitment to the post by transfer from ministerial officers and that only three valid applications have been received for the said 5 vacancies. The learned Government Pleader submits that the Commission may be directed to report the same to the Government to make appropriate orders in the matter. I do not think that in view of the admitted facts, the matter should wait any further. Accordingly, these cases are disposed of with the following directions: 4. In the review petition, it is clarified that the judgment in the writ petition would not stand in the way of the Public Service Commission advising candidates from the rank list prepared for direct recruitment to the excess vacancies which are available after satisfying the applicants who have applied for by transfer appointment. 5. In W.P(C) No. 3196/2010, there would a direction as follows: The Public Service Commission shall issue a communication to the 3rd respondent intimating him that to the 5 vacancies reported for by transfer appointment pursuant to the notification inviting applications, only 3 valid applications have been received and therefore in accordance with the notification issued by the Public Service Commission and the recruitment rules, the remaining two vacancies are to be filled up from the rank list prepared for direct recruitment. The same shall be followed by advice of the next candidates in the rank list for direct recruitment to the two available vacancies, which were reserved for by transfer appointment, in the W.P.C. No. 3196 & R.P. 218/2010 -: 4 :- absence of qualified applicants for by transfer appointment. On receipt of such advice, the 4th respondent shall take further steps to make appointment as per the rules. The Public Service Commission shall complete the above said process within a period of one month. Sd/- S. Siri Jagan, Judge. Tds/