IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17756 of 2006(L)
1. PRATHEEKSHA.N.S,
... Petitioner
2. SIMI PAUL, VADICKATH,
3. HASEENA.V.M,
4. MANJU.C.R, CHAKKILIPADICKAL HOUSE,
5. GINO GEORGE,
6. NIJIMOL GEORGE,
7. LIZA CINY YESUDAS,
Vs
1. STATE OF KERALA,
... Respondent
2. KERALA PUBLIC SERVICE COMMISSION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT OFFICER,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/09/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) Nos.17756 of 2006 L
29568 of 2007 T
&
27044 of 2007 T
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Dated this the 1st day of September, 2008.
J U D G M E N T
The petitioners in these Writ Petitions are candidates included in
the rank list published by the Kerala Public Service Commission for appointment
to the post of High School Assistant (English) in Ernakulam District. Their
grievance is that the vacancies available were not reported and that even in
respect of the reported vacancies, advices were not issued by the Kerala Public
Service Commission.
2. It is submitted by the counsel appearing for the petitioners, the
Government Pleader as well as the standing counsel for the Public Service
Commission that the Writ Petitions can be disposed of in the light of the facts
disclosed in the statement dated 26.8.2008, filed by the Deputy Director of
Education, Ernakulam.
3. In the statement, in paragraphs 4 to 6, it is stated as follows:-
“4. It is submitted that the finalization
of staff fixation for the year 2008-09 is not over.
But at present the total staff strength of H.S.A.
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(English) in Ernakulam Revenue District is 82.
The latest position of different categories are
given as follows:
Sl. Category The ratio fixed Permissible Existing
No. by the strength
Government
Orders
1 Direct Recruitment 30% 24 47
2 IDT 20% 16 1
3 Promotion 20% 16 11
4 Post conversion 20% 16 8
5 By transfer 10% 8 11
H.S.A.(Social Science)
adjusted against H.S.A.
6 (English) 2 2
5. It is submitted that out of the 12
vacancies available 4 vacancies were reported
to the PSC for making by transfer appointment.
The vacancies were reported as early as on
13.11.2006. Against the 4 vacancies reported
for by transfer appointment the P.S.C. has
advised three candidates who have been
included in the list for appointment under direct
recruitment quota saying that there is no live
rank list for the appointment to the post of
H.S.A. (English) under by transfer category.
WP(C) No.17756/2006
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The advice was made on 22.1.2008 since the
reporting of vacancy for by transfer
appointment. It is submitted that this
respondent has not issued any appointment
order appointing the candidates advised by the
PSC on 22.1.2008. It is also submitted that
two vacancies which was initially reported to
the District Collector for appointing physically
handicapped candidates under compassionate
employment scheme was reported to the PSC
in the absence of list available with the District
Collector. Apart from that 6 vacancies of
H.S.A.(English) in Ernakulam Revenue District
have been reported to the PSC for direct
recruitment on 2 different occasion on 6.6.2008
and 11.7.2008.
6. It is submitted that there are no
qualified hands in the category of P.D.
Teachers who are eligible for promotion apart
from that there are no applicants for IDT. It is
submitted that as per Ext.R3(c) order in the
absence of eligible candidate under the
category of PD promotion and Inter District
Transfer, the vacancies set apart from them
has also to eligible candidate for post
conversion also. Therefore in the absence of
qualified hands in those categories the vacancy
set apart for them were reported to the PSC.
Therefore this department has no objection in
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advising the candidates against the 6
vacancies reported for direct recruitment. If the
advise is received from the PSC, orders
appointing the candidates will be issued. It is
submitted that this department is not having
objection in adjusting the 3 candidates already
advised by the Public Service Commission on
22.1.2008 against the 6 vacancies reported to
the P.S.C. under direct recruitment quota if this
Honourable Court direct to do so.”
4. The learned counsel for the petitioners submitted that further
vacancies would arise on the finalisation of the staff fixation for the year 2008-
2009 and that those vacancies are also liable to be reported before the expiry of
the rank list on 16.10.2008. This submission is not objected to by the learned
Government Pleader. He only points out that vacancies are only to be reported
in accordance with the norms.
5. The learned standing counsel appearing for the Kerala Public
Service Commission submitted that the Gazette notification was dated
26.4.2005 and out of the seven applications received in the by transfer category,
only one application was admitted. It is also stated that the four vacancies
earmarked for by transfer category were filled from the rank list for direct
recruitment, but advices were cancelled in compliance with the interim order
dated 6.6.2008 passed by this Court in W.P.(C) No.4975 of 2008. It is
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submitted by all the counsel that in the absence of qualified hands for
appointment in the by transfer category, three vacancies can be filled up by
advising candidates for appointment from the direct recruitment quota.
6. In the light of the submissions made by the learned counsel for the
petitioners, learned standing counsel for Kerala Public Service Commission and
the learned Government Pleader, these Writ Petitions are disposed of with the
following directions:-
(i) The Kerala Public Service Commission shall issue advice to six
candidates in direct recruitment quota for appointment to the post of High
School Assistant (English) in Ernakulam District as expeditiously as possible.
(ii) The Deputy Director of Education, Ernakulam, shall report all the
available vacancies of High School Assistant (English) set apart for direct
recruitment, after finalisation of the staff fixation order for 2008-2009, to the
Public Service Commission as expeditiously as possible and at any rate, on or
before 16.10.2008.
(iii) It is also agreed that if any such vacancy is reported after
finalisation of the staff fixation order for 2008-2009, such vacancies also can be
filled up from the rank list dated 17.10.2005.
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(iv) All the exercises referred to above shall be done as expeditiously
as possible.
K.T. SANKARAN,
JUDGE.
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