High Court Kerala High Court

Pratheeksha.N.S vs State Of Kerala on 1 September, 2008

Kerala High Court
Pratheeksha.N.S vs State Of Kerala on 1 September, 2008
       

  

  

 
 
  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.
                           --------------------------------------
                          W.P.(C) Nos.17756 of 2006 L
                                   29568 of 2007 T
                                            &
                                   27044 of 2007 T
                           --------------------------------------
                    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.

WP(C) No.17756/2006
& CONNECTED CASES.

2

(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
& CONNECTED CASES.

3

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

WP(C) No.17756/2006
& CONNECTED CASES.

4

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

WP(C) No.17756/2006
& CONNECTED CASES.

5

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.

WP(C) No.17756/2006
& CONNECTED CASES.

6

(iv) All the exercises referred to above shall be done as expeditiously

as possible.

K.T. SANKARAN,
JUDGE.

cks