Shoja V.V. and Lisa C. vs State of Kerala

T.R. Ramachandran Nair, J.—The petitioners who are included in the rank list published by the Public Service Commission for the post of H.S.A. (Hindi) in Kannur District, have approached this Court seeking for a direction to the third respondent to report all substantive vacancies of H.S.A. (Hindi) in Kannur District to the P.S.C. hands.

After hearing parties, by an interim order dated 5.7.2007 this Court directed the third respondent to report six more vacancies to the Commission on or before July 7, 2007 provisionally. It was ordered further that the Commission need not issue advice for appointment in respect of those vacancies without obtaining orders from this Court.

The rank list has expired on July 8, 2007. The respondents have filed a counter affidavit and another memo on 30.11.2007. Learned Counsel for the petitioners submitted that the petitioners have produced various documents in the writ petition to show that there are substantive vacancies and therefore they have to be advised in the vacancies which were reported prior to the expiry of the rank list. Alternatively, it is submitted that even though there are other streams for appointment, since due to dearth of candidates, those vacancies are yet to be filled up. Therefore, the Government may be directed to take a decision in the matter, as candidates from the direct recruitment quota are available to be advised.

In the counter affidavit filed by the third respondent dated 20.7.2007 it is pointed out that there were two NJD vacancies which were reported to the Public Service Commission and two candidates have been advised by the District Officer on 6.7.2007 and were issued appointment orders accordingly. Even though four vacancies were reported on 2.7.2007 from four schools, they stand reduced to one vacancy, since the respective Headmasters reported reduction of post of H.S.A. (Hindi) based on the roll strength. As on 9.7.2007 only one vacancy of H.S.A. (Hindi) is available. It was further pointed out that the verification of student strength and attendance was conducted on 10.7.2007. The details of reduction of post, if any, based on the verified attendance on 10.7.2007 are not yet received from the Headmasters and District Educational Officers. Finally it was submitted that even if the remaining one vacancy exists without further reduction, this will be filled up by other criteria than P.S.C. hands.

In the memo subsequently filed on 30.11.2007, various details have been stated. The details show the following:

In the category of direct recruitment, 30% of the cadre strength are earmarked. The permissible cadre strength is 42, 108 is the existing strength, out of which 25 vacancies were reported during the life of the list and 19 persons have been advised and thus appointed. The vacancies pending advice are those directed to be reported by the interim order passed by this Court. It is further stated that there is absolutely no vacancy against which appointments could be made by direct recruitment. As on 29.11.2007, there are three vacancies of H.S.A. (Hindi) available in Kannur District, out of which one has been reported to the P.S.C. for making advice under the by-transfer category and the remaining two are to be filled up by promotion from lower category.

In the light of the above factual position, it is evident that as on the date of expiry of the rank list, there are no vacancies to which candidates from direct recruitment quota could be advised. Already, the cadre strength has exceeded from that quota. Even if those aspects do not require any adjudication in this writ petition, in the light of the clear averment that there are no existing and remaining vacancies to advise candidates from direct recruitment quota, this Court cannot compel the respondents to advise the petitioners or other candidates from the rank list published by the Public Service Commission. Already the respondents have indicated that other quotas are yet to be filled up and the remaining vacancies, even if they are existing, are to be filled up from that quota. Therefore, the respondents have already expressed their view in the matter, which is supported by the data made available. Even though learned Counsel for the petitioners strenuously contended that the Government may be directed to consider whether vacancies earmarked for other quotas could be filled up by direct recruitees, in the light of the averments in the counter affidavit and in view of the fact that candidates who are eligible for appointment from other quotas are not parties in this writ petition, such a course need not be adopted. Candidates from direct recruitment quota could be directed to be advised only in existing vacancies which are earmarked for that quota. As none of the six vacancies directed to be reported as per the interim order are available for them, no further directions are called for in this writ petition.

The writ petition fails and the same is dismissed.