IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18832 of 2009(Y)
1. ABDUL MUNEER.K.K.,
... Petitioner
2. BEENA.P., KUNNIKKAL HOUSE,
3. NAJMA.M.P., UNNIRAM PARAMBIL HOUSE,
4. PRABEENA.M., PRABHA NIVAS,
5. SATHEERETNAM, VALIYAVEETIL HOUSE,
6. SHABNA.A., ATTUPURAM HOUSE, KATCHERY,
7. SREEREKHA.K., SRUTHI HOUSE,
8. RENJINI.M.K., MELICKANDY HOUSE,
9. SMITHA.E., MOOTHEDATH, PUNNASSERY,
10. NISHA.V.P., PADIKKAL, NANMINDA.P.O.,
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. KERALA PUBLIC SERVICE COMMISSION,
3. DISTRICT OFFICER,
4. THE DEPUTY DIRECTOR OF EDUCATION,
5. RAJINI.P.K.,. D/O.DEVI,
For Petitioner :SRI.R.K.MURALEEDHARAN
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/02/2010
O R D E R
K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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W.P.(C) Nos.17700/07, 18832, 22282 & 35940 of 2009
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Dated 2nd February, 2010.
J U D G M E N T
Balakrishnan Nair, J.
W.P.(C) No.18832/2009
The petitioners are persons included in Ext.P2 rank list
published by the Kerala Public Service Commission (for short,
‘PSC’), for appointment to the post of Lower Primary School
Assistant(for short, ‘LPSA’), in Kozhikode District. The rank list
was brought into force, on 1.11.2006. Though, it was due to
expire on 30.10.2006, the PSC extended its validity upto
30.4.2010. The petitioners approached this Court, alleging that
all the existing vacancies available in the cadre of LPSAs are not
being reported by the appointing authority, to the PSC. Certain
vacancies have been filled up, by deploying protected teachers.
They also say that, if no teacher is available for inter-district
transfer, the said vacancies can be filled up by direct recruitment.
Finally, they would say, the uncompensated turns which were
pending satisfaction, in relation to the earlier rank list of
P.D.Teacher (Upper Primary School Assistants and Lower Primary
WP(C) NO.18832/09 & connected cases 2
School Assistants working in Government Primary Schools are
commonly called as P.D.Teachers), are sought to be compensated
from Ext.P2 list of LPSAs alone. According to the petitioners,
those turns should have been bifurcated and a portion alone
should have been compensated from the list of LPSAs. If there is
any difficulty in apportioning, those turns should have been
satisfied from Ext.P3 list of Upper Primary School Assistants (for
short, ‘UPSAs’), published by the PSC, on 18.12.2006. Raising
these contentions, the petitioners have preferred this Writ
Petition.
2. The Deputy Director of Education, has filed a
counter affidavit, stating that 65% of the vacancies, ascertained
with reference to the cadre strength alone are available for direct
recruitment. It is also submitted that 126 vacancies were already
reported to the PSC for advice, after the publication of Ext.P2 rank
list. Going by the cadre strength, now there is excess
representation for the PSC recruits. So, at present, there are no
vacancies available to be reported. The PSC submitted that
WP(C) NO.18832/09 & connected cases 3
bifurcation of uncompensated turns between two lists, is
impossible. For the post of UPSA, both B.Ed. Degree holders and
T.T.C. holders can apply. Number of vacancies are ordinarily less,
in the cadre of UPSAs. For the post of LPSA, only TTC holders can
apply, and vacancies are larger in number also. Having regard to
the above facts, the PSC decided to satisfy the uncompensated
turns from the list of LPSAs. As far as the list of UPSAs is
concerned, the PSC decided to start the rotation afresh. The PSC
has taken this decision, in good faith and having regard to the
relevant facts before it. Therefore, the same cannot be faulted
with, it is submitted.
3. All the points raised by the petitioners, except the
question of rotation, are covered against them, by the decision of
the Division Bench of this Court in W.P.(C) No.21147/2009.
Therefore, those contentions are rejected. The only point remains
to be considered is regarding the operation of the 100-point roster
and the satisfaction of the pending uncompensated turns, under
the heads-NCA (no candidate available), TPO (temporary pass
WP(C) NO.18832/09 & connected cases 4
over) and NJD (non-joining duty)vacancies. Having regard to the
relevant facts, the PSC has taken a decision. The persons in the
list of UPSAs would say that the decision is rightly taken, and the
persons in the list of LPSAs would say that the compensation
should have been from the list of UPSAs. So, the views of the
candidates are mainly dependent on their interest in the subject
matter. The PSC, which is a constitutional body, has no special
interest in this matter, in favour of or against one group or the
other. The reasons stated by them for taking a decision in this
matter, we have already mentioned above. We think, they are
relevant matters. Having regard to those relevant matters, a
decision has been taken by the PSC, in good faith. Therefore, we
find no reason to interfere with the same. But, the learned
counsel for the petitioners pointed out that, at least in the case of
Kozhikode District, more vacancies are available in the cadre of
UPSAs., than in the cadre of LPSAs. But, we think, the said fact is
not a sufficient ground to interfere with the decision of the PSC.
The PSC has to take into account, the availability of vacancies in
WP(C) NO.18832/09 & connected cases 5
all the districts in the State. Having regard to the past experience,
they took the view that in the cadre of UPSAs, there will be lesser
vacancies and more candidates. That view cannot be condemned
for the reason that the same appears to be not correct, in relation
to Kozhikode district. But, having regard to the facts of this case,
we direct the Deputy Director of Education, to report all the
vacancies available for direct recruitment, to the District PSC
office, on or before 15.4.2010. If the petitioners have a case that
any protected teacher has been deployed to Kozhikode District,
after 1.11.2006, they may bring it to the notice of the Deputy
Director of Education, as, such deployment will be against the
terms of G.O.(P) No.403/02/G.Edn. dated 4.12.2002. In that event,
the Deputy Director of Education shall look into the same and
take steps to remedy the action taken contrary to the terms of the
said Government Order. The learned counsel for the petitioners
further pointed out that the uncompensated turns, pending
satisfaction as on 2.2.2006 should also be filled up, by making
direct recruitment and not from the list published after the said
WP(C) NO.18832/09 & connected cases 6
date. We think, the said contention is plainly untenable. A
reading of the Note to Rule 15 Part II Kerala State and
Subordinate Service Rules would show that any NCA vacancies
arising after 2.2.2006 have to be filled up by special recruitment.
The NCA vacancies pending as on 2.2.2006 can be filled up from
the rank list published subsequently.
The Writ Petition is disposed of as above.
W.P.(C) Nos.17700/07, 35940 & 22282/09 :
These Writ Petitions are also disposed of in terms of
the judgment in W.P.(C) No.18832/09. The directions issued in
that judgment shall be treated as the directions to the Deputy
Directors of Education concerned in these cases.
K.BALAKRISHNAN NAIR, JUDGE.
P.N.RAVINDRAN, JUDGE.
tgs
K.BALAKRISHNAN NAIR &
P.N.RAVINDRAN, JJ.
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W.P.(C) Nos.17700/07, 18832, 22282 & 35940 of 2009
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J U D G M E N T
Dated 2nd February, 2010.