IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 16265 of 2008(J) -------------------------- PETITIONERS: --------------------- 1. RUMA RAMAN P W/O. P.G.PARTHASARATHI, POOVATHUMKADAVIL HOUSE P.O.PANANGAD,THRISSUR DIST. 2. K.S.BEENA, EASWARAMANGALATH, P.O.KANDAMKULAM,KODUNGALLUR, THRISSUR DISTRICT. 3. LIJI.A.P, W/O. SUDHEER V.K. VILLAN HOUSE, P.O. PANANGAD, THRISSUR DIST. 4. LISSY JOSE K KUTTIKATE HOUSE, P.O. MUNDUR, THRISSUR DISTRICT. 5. DONIYA SEBASTIAN W/O. JOSE KURUVILA, KANNOTH HOUSE EDAYATOOR, MELADOOR P.O., ANNAMANADA, MALA,THRISSUR DIST. 6. JINCY GEORGE, ALAPPAT HOUSE VADAMA P.O.,THRISSUR DISTRICT. 7. SREEJA K.S, W/O. SYAL C.B., CHERIYAMPADATH HOUSE, KOOLIMUTTAM P.O, THRISSUR DIST. 8. BHAVANA R. NAIR, RAYIRATH HOUSE P.O. PATTIKADU, MUDICODE, THRISSUR DIST. 9. P. LEENA, POOKKULANGARA HOUSE VENGANELLUR P.O.,CHELAKKARA VIA, THRISSUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ WP(C).No. 16265 of 2008(J) RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECREARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCITONS THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION THRISSUR. 4. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM,. THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION THRISSUR. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. BY ADV. SHRI ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 16265 OF 2008 ............................................................................ Dated this the 18th June, 2008 J U D G M E N T The petitioners were included in the rank list for the post of LPSA/UPSA (Malayalam medium) in Thrissur district. Ext.P1 rank list came into force with effect from 05.11.2002. The petitioners filed W.P.(C) No. 30553 of 2005 and connected cases stating that despite the existence of substantive vacancies, they were not reported. As per an interim order passed in those cases, 70 vacancies were reported during the currency of the rank list. The aforesaid Writ Petitions were disposed of by a common judgment dated 25.06.2007. This court directed the Director of Public Instructions to call for the relevant records from the office of the Deputy Director of Education, Thrissur and to verify and pass appropriate orders in the light of the materials available therein. It was also held that an authorised representative of the petitioners shall also be afforded sufficient opportunity to be heard before any decision is taken. In compliance with the directions in the judgment, the Director of Public Instructions passed Ext.P4 order dated 03.01.2008. The relevant portion of Ext. P4 order is extracted below: “The validity period of the rank list expired on 04.11.2005. Before the expiry the Hon'ble High Court has directed to report 70 vacancies to PSC on condition that candidates will be advised only after getting further confirmation from the department . Considering the whole aspects the Deputy Director of Education, Thrissur is directed to report 10 vacancies immediately to PSC for appointment. W.P.(C) No. 16265 OF 2008 2 There are certain aspects still remain unresolved such as calculation difference in arriving vacancies for 2002-03, Number of vacancies earmarked for Physically Challenged category have been given to the PSC in previou s years, number of teachers appointed under compassionate employment etc. The Deputy Director of Education will examine these aspects in detail and furnish exact positioning of all these categories within one month. If it is found that there is shortfall for PSC appointment category, the backlog shall also be reported to PSC immediately. “ 2. The reliefs prayed for in the Writ Petition are the following: “i) to issue a writ of certiorari quashing Ext.P4 in so far as it refuses to assess the entire 70 vacancies as vacancies which were available and were due to the candidates in Ext.P1 ranked list. ii) to declare that the candidates from Ext.P1 ranked list are eligible for advice and appointment against the entire 70 vacancies reported as per Ext.P3; iii) to issue a writ of mandamus directing the 5th respondent to advice 70 candidates from Ext.P1 ranked list. iv) to issue a writ of mandamus directing the respondent No.3 to appoint the said 70 candidates; v) to issue such other orders directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.” 3. After filing the Writ Petition, the petitioners have filed I.A.No. 6872 of 2008 praying for a direction to the third respondent-the Director of Public Instructions to consider the representation dated 29.04.2008 submitted by the petitioners . This representation was produced as Ext. P9 along with I.A.No. 6872 of 2008. Learned counsel for the petitioners submitted that for the time being , petitioners would be W.P.(C) No. 16265 OF 2008 3 satisfied with a direction to the third respondent-the Director of Public Instructions to implement the directions contained in Ext.P4 order taking into account Ext.P9 representation as well and also after affording an opportunity of being heard to any one of the petitioners on a date fixed by the Director of Public Instructions. Accordingly, the Writ Petition is disposed of directing the third respondent-the Director of Public Instructions to implement the directions contained in Ext. P4. While doing so, the third respondent shall take into account Ext. P9 representation dated 29.04.2008 submitted by the petitioners and also such other additional materials which they may produce before him, as expeditiously as possible and at any rate within a period of two months. The third respondent shall afford an opportunity of being heard to any one of the petitioners and a date shall be fixed for hearing, of which due notice shall be given to the first petitioner well in advance. K.T. SANKARAN, JUDGE. lk