GIRIJA KUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS in all these Original Petitions were included in the ranked list for appointment to. the post of H. S. A. (Mathematics) in Roll am District prepared by the P. S. C, The above list was brought into force with effect from 25-8-1993. These Original Petitions were filed at a dine when the educational authorities were not reporting the existing vacancies to the P. S. C. According to the petitioner, the educational authorities were either deploying the protected hands from the aided Schools or appointing provisional hands from the Employment Exchange. In order to safeguard the interest of the petitioners this Court by order dated 22-2-1996 in C. M. P. 23086/1996 in O. P. No. 13086/1996 and C. M. P. No. 23104/1996 in O. P. No. 13104/96 directed the Deputy Director (Education) to report 19 vacancies to the P. S. C. But actually 24 vacancies were reported.

(2.) COUNTER affidavits have been filed by the second respondent in O. P. Nos. 13104 of 1996 and 860 of 1997. The stand of the second respondent is that protected hands are working in these posts and therefore actually there are no vacancies for accommodating the P. S. C. hands. Therefore, it was argued that though 24 vacancies were reported to the P. S. C. in obedience to the interim order passed by this Court, these vacancies are not to be filled up by appointing the candidates from the ranked list prepared by the P. S. C. Therefore, the short question to be decided in these cases is whether deployment of protected hands from the aided school to the Government schools can be resorted to in order to deny the rights of candidates included in the ranked list prepared by the P. S. C. for the purpose of appointing High School assistants in the Government Schools.

(3.) THE method of appointment for filling up of High school Assistants in Government School is by direct recruitment or by promotion. A ratio has also been fixed for direct recruitment and promotion deployment of protected teachers is not a method prescribed for filling up of vacant posts in Government Schools. THErefore the educational authorities cannot put forward the pica of continuance of protected hand by virtue of the government Orders as shield to deny appointments to candidates who were regularly selected by the P. S. C.