IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 17234 of 2007(B) -------------------------- PETITIONER(S): --------------- FIDEL.P., PAROL HOUSE, PAROPPADY, MALAPARAMBA(P.O.), KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERALA EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. 5. KERALA PUBLIC SERVICE COMMISSION, HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI.P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN,J. ................................................................... WP(C) NO. 17234 of 2007 ......................................... Dated this the 8th day of April, 2010 J U D G M E N T This writ petition seeking following grievances:- i) issue a writ of certiorari or any other appropriate writ, direction or order, calling for the records leading to Exhibit P2 and quash the same as highly unjust, illegal and arbitrary. ii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 2 and 3 to terminate the service of those protected teachers who were deployed subsequent to the coming into force of the present ranked list for the post of UPSA and report those vacancies to the 4th respondent forthwith. Exhibit P2 Government Order is issued stating that, the protected teachers are to deployed to vacancies in schools which are declared as uneconomic. This issue is covered by the Judgment of this Court in Saji Vs. State of Kerala ( 2010 (1) KLT 753) directing as follows: Having regard to the facts of the case, we think, the following directions should be issued: The 3rd respondent Deputy Director of Education shall consider whether any protected teacher has WP(C) NO. 17234 of 2007 2 been deployed after 1.11.2006. If the answer is in the affirmative, that deployment order shall be cancelled. The Deputy Director shall also assess whether any vacancy in the inter-district transferees' quota is remaining vacant without any claimants for the same. The vacancies, if any, available under the above two heads shall be reported to the P.S.C. The Deputy Director shall also assess the vacancies that may arise as a result of retirement of teachers on 31.3.2010 and if there are any vacancies available for P.S.C recruits, going by 65%- 35%quota, those vacancies shall also be reported to the P.S.C. In the result , all the substantive vacancies available for P.S.C. hands from 1.11.2006 and also the substantive vacancies that are available in the inter district transferees' quota without claimants shall, if so far not reported, be positively reported by the Deputy Director (Education) before 15.4.2010. Writ petition is ordered in terms of the aforesaid directions of the Division bench. THOTTATHIL B. RADHAKRISHNAN JUDGE. rkc