VINOD K Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners applied for appointment to the post of UPSA(MalayalamMedium)in Palakkad District. THEy were included in Ext.P1 ranked list. THE grievance of the petitioners is that though there were sufficient number of vacancies they were not reported and therefore, the petitioners did not get appointment. THE ranked list expired on 30.4.2010.

(2.) AN interim order dated 20.4.2010 was passed in WP(C) No.6620 of 2010 which reads as follows: "Heard learned counsel on both sides. There will be an interim order directing the 3rd respondent to provisionally report 33 vacancies of UPSA (Malayalam Medium) in Palakkad District to the 4th respondent. The vacancies shall be reported in the prescribed proforma and shall be sent in such a manner that it reaches the 4th respondent before the close of office hours on 29.4.2010.It is clarified that reporting of such vacancies will be purely provisional and subject to further orders and that the Kerala Public Service Commission need not advice candidates against such vacancies."

(3.) IN view of the contentions raised by the petitioners as well as the learned Government Pleader, it is seen that disputed questions of fact arise and that it is necessary to find out the exact number of substantive vacancies to be reported for being filled up by direct recruitment. Such an exercise cannot be done in a Writ Petition under Article 226 of the Constitution of INdia. This exercise can be done by the Deputy Director of Education, Palakkad. IN the facts and circumstances mentioned above, the Writ Petition is disposed of as follows: The Deputy Director of Education, Palakkad shall consider with reference to the facts and figures and also thedocuments, the exact number of substantive vacancies which were available before the expiry of the ranked list for being appointed from candidates for direct recruitment in the quota earmarked for them. The petitioners would be entitled to submit a detailed representation, documents or other relevant data to enable the Deputy Director of Education to arrive at a correct conclusion. After finding out the exact number of substantive vacancies as aforesaid, as on 30.4.2010, the Deputy Director shall intimate the same to the Kerala Public ServiceCommission. If there are substantive vacancies, the Kerala Public Service Commission shall advise those candidates from out of the 33 vacancies already reported based on the interim order referred to above. The petitioners shall produce a copy of the Writ Petitions and certified copy of the judgment before the Deputy Director of Education.