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2025 Supreme(Online)(Ker) 42609
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, JOHNSON JOHN, JJ
SUJITHA A., MARIYAM. A.P., BUSHARA. T. – Appellant
Versus
STATE OF KERALA – Respondent
OP(KAT) NO. 316 OF 2023|OP(KAT) NO. 319 OF 2023
For the Appellants/Petitioners: SHRI.ELVIN PETER P.J. (SR.), SRI.K.R.GANESH, SMT.GOURI BALAGOPAL, SHRI.ABHIJITH.K.ANIRUDHAN, SHRI.SREELEKSHMI A.S.
For the Respondents: SENIOR GOVERNMENT PLEADER SHRI A.J. VARGHESE
The court affirmatively states that it cannot mandate the reporting of vacancies without evident grounds for intervention, reinforcing administrative discretion in management.
Headnote:This judgment concerns the vacancies of Higher Secondary School Teacher (Junior) History arising from a ranked list by the Public Service Commission, cancelled prior to the proceedings. The court finds no established right for petitioners to demand downgrading positions from a higher category. The matter of vacancy reporting falls within the discretion of the department. The Tribunal's refusal to interfere with vacancy management is upheld. Ultimately, the court dismisses the original petitions.
| Table of Content |
|---|
| 1. reporting vacancies of hsst requires compliance with governmental policy. (Para 1 , 2 , 3) |
| 2. the tribunal has discretion over vacancy management, which the court supports. (Para 4 , 5) |
A. MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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O.P. (KAT) Nos. 316 and 319 of 2023 ---------------------------------------------------------
Dated this the 29th day of July, 2025
J U D G M E N T
A.Muhamed Mustaque, J.
The point that arises for consideration in this matter is the number of substantial vacancies available to be advised from the ranked list of the Public Service Commission (PSC) for the post of Higher Secondary School Teacher (Junior) History. The PSC ranked list came into force on 28/07/2020 and was subsequently cancelled on 27/07/2023.
2. There was a direction by this Court on 26/07/2023 in O.P.(KAT).No. 316/2023 to report 37 vacancies of HSST (Junior) History, on or before 5 pm on 27/07/2023. That order was complied with.
3. The case of the petitioners is that, consequent upon promoting HSST (Junior) as HSST (Senior), there would be vacancies, and there is no difficulty in advising candidates for those vacancies. They rely upon government orders directing reporting such vacancies after effecting promotion as HSST (Senior). The petitioners raised an argument based on Annexure A4 government order, wherein it was stated that if those posts in the higher category remained unfilled from the lower category, higher category vacancies shall be downgraded for the purpose of reporting vacancy to the PSC. Annexure A4, the government order is a policy decision of the Government with the intention to fill up maximum vacancies. We do not find that the above government order creates a right for the petitioners to downgrade the posts in the higher category. If at all Annexure A4 is to be construed, it only confers an enabling power and cannot be construed as to creation of a right for the candidates included in the ranked list. Therefore, this argument is untenable.
4. The Tribunal, after taking note of the statement on record by the official respondents and the vacancy position, was not ready to interfere with the matter. A statement has also been filed before this Court in O.P.(KAT). No.319/2023 by the second respondent in regard to the vacancy position. It is appropriate to reproduce the tabulated form of the vacancy position of HSST (History) during the period 2023-24 and 2024-25, as stated in the said statement:
| VACANCY POSITION OF HSST (History) 2023 - 2024 | No. |
| In 2023-24 year Cadre strength of HSST History | 504 |
| Number of teachers working | 471 |
| The number of vacancies for By transfer recruitment were kept in abeyance as directed by Kerala Administrative Tribunal (Stay as per judgment dated 21/06/2016 on OA 1148/2016). | 16 |
| The number of LWA vacancies available during 2023-24. (As per GO (P) No. 152/2020/Fin dated 5/11/2020, these vacancies could not be taken for giving promotion) | 3 |
| The number of advices of HSST Department received from KPSC to reporting of 3 vacancies | 3 |
| VACANCY POSITION OF HSST (History) 2023 - 2024 | No. |
| The number of vacancies of HSST kept for accommodating teacher in a Panchayath school (when the Government took over the Panchayat schools as per Government order G.O (MS) No. 02/01/G.Edn dated 2.01.2010, the Panchayath school teacher Sri. Rajan M (HSST History), in 1 WANDIPERIYAR PANCHAT HSS IDUKKI opted Government service as per the above GO. He is also included in the Final Seniority list of HSSTS’ who have opted Government service. Some issues occurred, so Wandiperiyar Panchayat HSS Idukki, is blocked for accommodating that teacher. | 1 |
| The number of vacancies reserved for HM promotion (As 8 per the special rule to maintain 2:1 (HSST:HM) ratio proportion to the post of Principal, in order to accommodate HM to Principal post vacancies of HSST post has to be reserved). | 8 |
| The number of vacancies reserved for by transfer appointment (The ratio of 1:3 has to be followed in the matter of | |
