SOUMYA M.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) "Malayaala bhaasha than maadaka bhangi nin malar mandahaasamaay viriyunnu....." wrote the lyricist Sreekumaran Thampi for the film 'Prethangalude Thaazhvara'. But unfortunately the pupils who study Malayalam language in curriculum are dwindling and resultantly the chances for appointment of teachers in the subject get bleaker. The Original Petition concerns the appointment of High School Assistant (Malayalam) ['HSA(Malayalam)' for short] in the Government Schools of the educational district of Wayanad.

(2.) The Deputy Director of Education was directed to report 17 vacancies of H.S.A.(Malayalam) to the Kerala Public Service Commission ('the PSC' for short) before the close of office hours on 17.7.2015 (on which date the ranked list expired). Such a direction was issued by way of an interim order dated 15.7.2015 in O.A.(EKM) No.642/2015 on the file of the Kerala Administrative Tribunal ('the Tribunal' for short) filed by those who are in the ranked list. Seven vacancies had already been reported on that date and 10 more vacancies were provisionally reported in time by the Deputy Director in obedience to the interim order. The petitioners in this Original Petition who find a place in the succeeding ranked list published by the PSC on 11.4.2017 stake claim for appointment in the 10 vacancies aforesaid. The bone of their contention is that the vacancies arose only by virtue of the Staff Fixation Orders passed in the year 2016 whereas the earlier ranked list expired on 17.7.2015 itself.

(3.) We heard Mrs.Sumathi Dandapani, Senior Advocate on behalf of the petitioners, Mr.O.D.Sivadas, Advocate on behalf of the contesting respondents and Mrs.K.R.Deepa, Senior Government Pleader.