Disposed

Sajeev Kumar.S. v. Government of Kerala & Others

Kerala HC18 May 2012WP(C)/12613/2007

Case brief

AI extract

What is this about?

High Court disposed of writ petitions seeking implementation of Special Rules for ministerial staff vacancies in Non Vocational Teacher posts. Court directed Director to assess vacancy numbers and report to Commission within three months.

What did the court decide?

Directed Director of Vocational Higher Secondary Education to assess vacancies and report to Commission within 3 months.

Sajeev Kumar.S. Vs Government of Kerala… — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931

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WP(C).No. 12613 of 2007(B) ------------------------------------

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PETITIONER(S): -----------------------

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SAJEEV KUMAR S., SANTHOSH BHAVAN, KULANGARA BHAGOM, CHAVARA, KOLLAM. (WORKING AS LOWER DIVISION CLERK, GOVT. V.H.S.S., CHERIYAZHEEKKAL, KARUNAGAPPALLY). BY ADV. MR.O.D.SIVADAS

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RESPONDENT(S):

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-------------------------

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1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (SPECIAL CELL) DEPARTMENT, THIRUVANANTHAPURAM.

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2. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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3. THE SECRETARY, PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.

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4. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.

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R1 & 4 BY GOVERNMENT PLEADER SMT.SREELATHA R2 & R3 BY MR. ALEXANDER THOMAS,SC,KPSC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, ALONG WITH WPC NO. 35504 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.12613/2007

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APPENDIX

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PETITIONER'S EXHIBITS

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P1:- COPY OF THE CERTIFICATE DTD. 15.6.95 ISSED BY THE UNIVERSITY OF KERALA RELATING TO M.COM DEGREE.

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P2:- COPY OF THE CERTIFICATE DTD. 2.4.02 ISSUED BY THE GOVERNMENT OF KERALA RELATING TO STATE ELIGIBILITY TEST.

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P3:- COPY OF THE RELEVANT PORTION OF THE NOTIFICATION G.O.(P) NO.80/04/G1.EDN. DTD. 12.3.04 ISSUED BY THE GOVERNMENT OF KERALA.

TRUE COPY

P.S. TO JUDGE

tss

T.R. Ramachandran Nair, J.

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- - - - - - - - - - - - - - - - - - - - - - - -

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W.P.(C) Nos.12613/2007-B and 35504/2007-B of 2009

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- - - - -- - - - - - - - - - - - - - - - - - - - -

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Dated this the 13th day of October, 2009.

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JUDGMENT

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In these writ petitions, the petitioners are seeking for a direction to the

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respondents to strictly implement the quota fixed in the Special Rules produced as Ext.P4 in W.P.(C) No.35504/2007. The petitioners were aspirants for appointment as Non Vocational Teacher, Commerce and Physics respectively. They are mainly concerned with the vacancies earmarked for ministerial staff. It is the contention of the petitioners that the vacancies which ought to have been filled up by the members from ministerial staff, shall not be filled up by any other modes, as no rank lists are in force now. It is prayed that directions may be issued to issue fresh notication by the Public Service Commission to fill up vacancies strictly in accordance with the rules. The attempt to fill up the entire vacancies from direct recruitment quota will defeat the rights of the petitioners.

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The Public Service Commission has filed separate counter affidavits in the matter. It is pointed out in the counter affidavit filed in W.P.(C) No.35504/2007 that the post of non vocational teacher (Physics)

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wpc 12613 & 35504/2007 2

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was notified for selection in the Gazette dated 2.11.2004. The number of vacancies notified under direct recruitment was 55 and that under by transfer appointment the number of vacancies was shown as not estimated. After due process of selection the ranked list was brought into force with effect from 26.12.2006 by including 136 candidates (93 in the main list and 43 in the supplementary list) under direct recruitment and 2 candidates under the by transfer appointment from ministerial staff in the department.

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In the counter affidavit filed in W.P.(C) No.12613/2007 also, it is submitted that filling up of vacancies can be only as provided in the Special Rules.

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It is pointed out by the learned Standing Counsel for the Commission that presently 10% quota has been reduced to 5% by an amendment of the Special Rules. The direction as sought for by the petitioners to the Public Service Commission to notify the vacancies, cannot be granted in these proceedings. It is up to the Government to take a decision and send appropriate communication to the Public Service Commission to enable them to issue a fresh notification.

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The writ petitions are accordingly disposed of directing the

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wpc 12613 & 35504/2007 3

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Director of Vocational Higher Secondary Education to assess the number of vacancies set apart for various categories, viz. direct recruitment and by transfer category from the ministerial staff and report them to the Public Service Commission. Appropriate action shall be taken within a period of three months from the date of receipt of a copy of this judgment. Depending upon the outcome, the Commission will take further action in the matter. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

Sajeev Kumar.S. v. Government of Kerala & Others

Case brief

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Sajeev Kumar.S. v. Government of Kerala & Others

Case brief

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