ABDUSSALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) SINCE common questions are involved, these Writ Petitions are being disposed of by this common judgment. In some cases, persons included in the rank List have filed applications for impleading and those applications have been allowed.

(2.) ALMOST identical reliefs are prayed for in these Writ Petitions. W. P. (C) No. 27577 of 2007 is taken as the main case in which a counter-affidavit is also filed by the second respondent. The reliefs prayed for in W. P. (C)No. 27577 of 2007 are the following:

(3.) THE petitioners in these Writ Petitions are Higher Secondary School teachers (Junior) in different subjects. The claim of the petitioners is that they are entitled to be appointed as Higher Secondary School Teachers in the subjects concerned as per Rule 3 of the Special Rules for the Kerala Higher secondary Education State Service (hereinafter referred to as the Special rules ). The case of the petitioners is that as per Rule 3 of the Special Rules, the post of H. S. S. T shall be filled up by transfer from H. S. S. T (Junior) in the subjects concerned. Only in the absence of H. S. S. T (Junior), any other category mentioned in Rule 3 could be considered for appointment as H. S. S. T. , it is submitted. The relevant portion of Rule 3 (2) reads as follows: "3. Appointment.- Appointment to the categories shall be made as follows: <FRM>SAURAS0_270_ILR(KER)4_2008.HTM</FRM> Notes.- 1. When qualified persons are not available to fill up the vacancies set apart for appointment by transfer under item (II) (1), such vacancies shall also be allotted for direct recruitment. 2. Appointments under item (I) above shall be made from select lists of qualified persons prepared on the basis of merit and ability. 3. Direct recruitment under item II (2) shall be made on statewise basis by the kerala Public Service Commission. "