High Court Kerala High Court

Shine Thomas vs State Of Kerala on 10 March, 2008

Kerala High Court
Shine Thomas vs State Of Kerala on 10 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2915 of 2007()


1. SHINE THOMAS, PRASANTH HOUSE,
                      ...  Petitioner
2. LILA A.M., AMBATTUKUDIYIL HOUSE,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DEPUTY DIRECTOR OF EDUCATION,

3. KERALA PUBLIC SERVICE COMMISSION,

4. THE DISTRICT OFFICER,

                For Petitioner  :SRI.N.RADHAKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :10/03/2008

 O R D E R
                  K. BALAKRISHNAN NAIR &
                     P.N. RAVINDRAN, JJ.
             =======================

                W.A. NO. 2915 of 2007
            ========================


         DATED THIS THE 10th DAY OF MARCH 2008


                          JUDGMENT

Balakrishnan Nair,J.

The first appellant was the first petitioner in the writ

petition. The writ petitioners were persons included in the rank

list published by the Kerala Public Service Commission for

appointment to the post of HSA (Hindi) in Idukki District. The

rank list was published on 23-3-2004 and its validity expired on

22-3-2007. On the eve of the expiry of the rank list , this Court

by order dated 16-3-2007 directed the appointing authority to

report at least ten vacancies to the Public Service Commission.

It was also ordered that the candidates need not be advised for

those vacancies without further orders from this Court. At the

time of disposal of the writ petition, the learned single Judge

directed to fill up two vacancies among the 10 vacancies so

reported. Contending that six vacancies should also be filled up

from among the candidates included in the rank list, this writ

appeal is filed. Pursuant to the direction of this Court, the

appointing authority has filed a statement in which it is submitted

that the total cadre strength of HSA(Hindi) in Idukki District is

61. Appointments to those posts have to be made in the ratio

of 3:3:3:1 between direct recruitment, inter district transfer,

promotion of primary teachers and promotion of ministerial

staff respectively. It is pointed out that when vacancies are

apportioned as per the above ratio, the cadre strength for direct

recruits is only 18. At present 35 direct recruits are in position.

Further, two more persons were also directed to be appointed

by the judgment under appeal, making the strength of direct

recruits 37. No further vacancies are available for direct

recruitment, it is submitted. The appointing authority also stated

that the existing vacancies should be filled up by special

recruitment of candidates belonging to SC/ST.

2. The petitioner has filed reply affidavit in which it is

sated that the SC/ST candidates are occupying posts in excess of

their quota and therefore, there cannot be any further special

recruitment of SC/ST candidates. Going by the decision of the

Apex Court in R.K.Sabarwal v. State of Punjab, (1995)2 SCC

745, the reservation has to be worked out with reference to

cadre strength. If that be so, if there are six candidates

belonging to SC/ST, the quota for SC/ST candidates is satisfied.

Anyway in this case, we are not concerning with the said

dispute. Even assuming there is some illegality in the stand

taken by the appointing authority concerning reservation to

SC/ST, since the quota for direct recruits has already been filled

up, no relief can be granted in this appeal.

In the result, the appeal fails and it is dismissed.

Sd/-

K. BALAKRISHNAN NAIR, JUDGE

Sd/-

P.N. RAVINDRAN , JUDGE
ks.

TRUE COPY

P.S.TO JUDGE