IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 12044 of 2008(H) PETITIONER: A.SAINUDHEEN, HSA (MATHS), A.M.H.S., VENGOOR, MALAPPURAM DISTRICT, RESIDING AT ANDIKODAN HOUSE, PUTHANANGADI P.O., ANGADIPPURAM, MALAPPURAM-679 321. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE ADDITIONAL DIRECTOR, PUBLIC INSTRUCTION, KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR. 5. THE MANAGER, A.M.H.S., VENGOOR, P.O.VENGOOR, MALAPPURAM. R5 BY ADV. SRI.T.S.SHYAM PRASANTH GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO.K.DIS.Ad-262/06 DATED 2.3.2006 ISSUED BY THE FOURTH RESPONDENT. EXT.P2 TRUE COPY OF ORDER NO.K.DIS.B2-8607/06 DATED 15.6.06 ISSUED BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF ORDER NO.EM(4)22928/07/DPI/K.DIS. DATED 22.8.07 ISSUED BY THE ADDL.DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL). EXT.P4 TRUE COPY OF REVISION PETITION SUBMITTED BY THE FIFTH RESPONDENT BEFORE THE FIRST RESPONDENT ON 15.9.07. EXT.P5 TRUE COPY OF G.O.(Rt)NO.1907/06/Gl.EDN. DATED 10.5.06 ISSUED BY THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF G.O.(Rt)NO.3104/05/Gl.EDN. DATED 21.6.06 ISSUED BY THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF G.O.(Rt)NO.975/06/Gl.EDN. DATED 3.3.06 ISSUED BY THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF G.O.(Rt)NO.1413/07/G.EDN. DATED 28.3.07 ISSUED BY THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF G.O.(Rt)NO.1214/08/G.EDN. DATED 7.3.08 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 12044 OF 2008 H -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioner was appointed as High School Assistant (Mathematics) in AMHS, Vengoor, Malappuram District under the Managership of the fifth respondent. As per G.O.(P) No.178/02 Gl.Edn. Dated 28.6.2002, the appointments should be by appointing protected teachers. Since the appointee being not a protected teacher, the proposal for approval was rejected by the District Educational Officer as per Ext.P1 order dated 2.3.2006. Ext.P1 order was confirmed by Ext.P2 order passed by the Deputy Director of Education and by Ext.P3 order passed by the Director of Public Instructions. The Government also took the same view as per Ext.P9 order dated 7.3.2008. 2. The reliefs prayed for by the petitioner is to quash Exts.P1 to P3 and Ext.P9 by issuing a writ of certiorari and to issue a writ of mandamus to approve the appointment of the petitioner in the light of Exts.P5 to P8 and the judgment dated 4.4.2008 in W.P.(C) No.33153 of 2006. 3. Exts.P5 to P8 orders passed by the Government in respect of other persons would show that when one protected teacher was appointed subsequently, a teacher appointed at an earlier point of time would also be considered for approval. The same question arose for consideration before a single Judge of this Court in W.P.(C) No.33153 of 2006, wherein it was held that in view of the Government Orders, G.O.(Rt) No.1907/06/Gl.Edn., dated W.P.(C) NO.12044 OF 2008 :: 2 :: 10.5.2006 (Ext.P5 in the present Writ Petition) and G.O.(P) No.46/06/Gen.Edn., dated 1.2.2006, the subsequent developments in appointing a protected teacher in the School in question can be taken note of while considering approval of appointment of a teacher made at an earlier point of time. It is submitted that the only protected teacher in Malappuram District was absorbed in M.E.S.H.S.S., as evidenced by Ext.P8 and therefore, there is no impediment in approving the appointment of the petitioner. 4. In the facts and circumstances of the case, I am of the view that Exts.P1 to P3 and Ext.P9 are liable to be quashed and they are accordingly quashed. The District Educational Officer shall take note of the subsequent event of the Manager of M.E.S.H.S.School having appointed the only available protected teacher and shall dispose of the matter in the light of Exts.P5 to P8 Government Orders and also the judgment in W.P.(C) No.33153 of 2006, granting approval to the appointment of the petitioner. Appropriate orders shall be passed by the District Educational Officer within a period of two months. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/