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.
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W.A. NO. 2915 of 2007
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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