IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 23028 of 2008(N) ------------------------------------ PETITIONER(S): ------------------------- IQBAL.P.K, S/O.MUHAMMED KUNHI, PAROL HOUSE, MANNA, TALIPARAMBA.P.O, KANNUR DISTRICT. BY ADV. MR.S.MAMMU RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. * 3. THE PUBLIC EDUCATION DIRECTOR,PUBLIC EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. *THE NAME AND ADDRESS OF THE 3RD RESPONDENT IS MODIFIED AS PER ORDER DT. 30.7.08. * DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. ADDL. R4 IS IMPLEADED 4. THE SECRETARY TO GOVT. GENERAL EDUCATIONAL DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. ADDL. R4 IS IMPLEADED AS ADDITIONAL R4 IN WPC. 23038/08 AS PER ORDER DT. 25.3.09 IN IA. 3989/09. GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23028/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE DT. 4.3.06. P2:- COPY OF THE DISCHARGE CERTIFICATE ISSUED BY KARUNYA NIKETHAN SCHOOL FOR THE HANDICAPPED AT PILATHARA DT. 25.8.2000. P3:- COPY OF THE CERTIFICATE OF TRAINING COURSE FOR PRIMARY SCHOOL TEACHERS OF THE VISUALLY HANDICAPPED DT. 26.4.96. P4:- COPY OF THE MARK LIST OF THE TRAINING COURSE DT. 26.9.95. P5(a):- COPY OF THE DISCHARGE CERTIFICATES ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH DT. 11.4.01. P5(b):- COPY OF THE CISCHARGE CERTIFICATE ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH DT. 13.8.02. P5(c):- COPY OF THE DISCHARGE CERTIFICATES ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH DT. 6.6.03. P5(d):- COPY OF THE DISCHARGE CERTIFICATES ISSUED BY THE PRESIDENT , DISTRICT PANCHAYATH DT. 12.7.04. P5(e):- DISCHARGE CERTIFICATES ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH DT. 21.10.05. P5(f):- DISCHARGE CERTIFICATES ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH DT. 3.1.07. P6:- COPY OF THE LETTER TO PUBLIC EDUCATION DIRECTOR SENT BY GOVERNMENT SECRETARY DT. 19.8.05. P7:- COPY OF THE LETTER SENT BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION DT. 7.1.06. P8:- COPY OF THE INFORMATION GIVEN BY PUBLIC INFORMATION OFFICER (ADDITIONAL EDUCATION DIRECTOR GENERAL ® DT. 15.7.06. P9:- COPY OF THE REPORT SUBMITTED BY DISTRICT SOCIAL WELFARE OFFICER, KANNUR. P10:- COPY OF THE LETTE SENT TO GOVERNMENT SECRETARY, SOCIAL WELFARE DEPARTMENT BY SOCIAL WELFARE DIRECTOR DT. 1.8.06. P11:- COPY OF THE LETTER TO SECRETARY PUBLIC EDUCATION ® DEPARTMENT BY EDUCATION DIRECTOR DT. 3.8.06 . P12:- COPY OF THE LETTER SENT TO C.K.P. PADMANABHAN MLA. BY PRINCIPAL SECRETARY, PUBLIC EDUCATION (R)DEPARTMENT DT. 5.8.06. W.P.(C) NO.23028/2008 P13:- COPY OF THE LETTER SENT TO PUBLIC EDUCATION DIRECTOR BY PRINCIPAL SECRETARY, PUBLIC EDUCATION (R)DEPARTMENT DT. 11.9.06. P14:- COPY OF THE ANSWER RECEIVED BY PADMANABHAN C.K.P. MLA FROM EDUCATION MINISTER DT. 11.7.07 . P15:- COPY OF THE LETTER SENT TO GOVERNMENT SECRETARY SOCIAL WELFARE BOARD BY DISTRICT COLLECTOR, KANNU DT. 26.7.07. P16:- COPY OF THE LETTER SENT TO PUBLIC EDUCATION DIRECTOR, BY GOVERNMENT SECRETARY, PUBLIC EDCUATION (R)DEPARTMENT DT. 7.9.07. P17:- COPY OF THE LETTER SENT TO GOVERNMENT SECRETARY, PUBLIC EDUCATION DEPARTMENT BY EDUCATION DIRECTOR DT. 13.12.07. P18:- COPY OF THE LETTER SENT TO PUBLIC EDUCATION DIRECTOR, BY GOVERNMENT SECRETARY, PUBLIC EDUCATION (R)DEPARTMENT DT. 17.3.08. P19:- COPY OF THE LETTER SENT TO C.K.P. PADMANABHAN MLA, BY GOVERNMENT SECRETARY, PUBLIC EDUCATION (R)DEPARTMENT DT. 17.1.08. R2(a):- COPY OF THE G.O.(MS) NO. 198/79/G.EDN. DT. 22.11.79. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23028/2008-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The writ petitioner herein has got a chequered history. He is a visually challenged person. He has got 100% total disability. He was employed as Assistant Teacher in Karunya Nikethan School at Pilathara, which is recognised by the Government, during the year 1993-2000. Subsequently, he became successful in the training course for Primary School Teachers of the Visually Handicapped, which is evidenced by Ext.P3. He was later employed as Resource Teacher on the basis of yearly contract, under the scheme for Integrated Education of Disabled Children, under the District Panchayat as per the direction of the Ministry for Human Resource Department. Copies of the discharge certificates are produced as Exts.P5(a) to P5(f). 2. For the welfare of the blind, the Government has established four schools in Thiruvananthapuram, Kottayam, Kunnamkulam and Kasaragod. After the year 1995, P.S.C has not invited any applications for appointment to the post of teachers in these schools. In all these schools, there are number of vacancies of teachers and appointments are made W.P.(C). No.23028/2008 -:2:- through District Collector on temporary basis. The petitioner had been requesting the Government to fill up the vacant posts in the schools through P.S.C. By Ext.P6, the Government directed the Director of Public Instruction, Thiruvananthapuram to take steps to fill up the vacancies. This was in the year 2005. But it appears that the vacancies were not reported to the P.S.C for enabling them to take steps for appointment of Assistant Teachers. The state of affairs continued and the petitioner had been seeking for appointment in any of the schools. His application for appointment was recommended by the District Social Welfare Officer as per Ext.P9. It was pointed out that only by a Special Order alone he could be given appointment. Later, the Director of Social Welfare also requested the Secretary to Government to take appropriate action as shown in Ext.P9. This is evidenced by Ext.P10. The application of the petitioner was forwarded along with Ext.P11 report to the Government as per Ext.P10. But nothing further was done. As a last resort, the petitioner had approached the local M.L.A and an application was sent along with his request and a reply was given to the M.L.A by Ext.P12 by the Government stating that the said representation was forwarded to the Director of Public Instruction for his report. By Ext.P13 the Government informed the D.P.I that the report forwarded was insufficient. Later by Ext.P15, the District W.P.(C). No.23028/2008 -:3:- Collector, Kannur forwarded the application of the petitioner for special order for appointment to the post of Assistant Teacher/Resource Teacher to the Government. This was also not immediately acted upon. But, the Government by Ext.P16 directed the Director of Public Instruction to inform whether the petitioner could be appointed on a permanent basis in any of the vacancies. The details of vacancies have been forwarded to the Government by the D.P.I as per Ext.P17. It is reported in Ext.P17 that there are 6 vacancies in Thiruvananthapuram and one vacancy in Kasaragod. It is clear from Ext.P18 letter dated 17/03/2008, sent by the Government to the D.P.I that none of the vacancies have been reported to the P.S.C. Finally, by Ext.P19, the Member of the Legislative Assembly was informed by the Government that the request of the petitioner for appointment to the post of resource teacher on a permanent basis is being processed and reply will be given as soon as a decision is arrived at. Since he has not been given any reply, he has approached this Court by filing this writ petition. 3. The first respondent has filed a counter affidavit. It is submitted therein that the petitioner is qualified for the post of Assistant Teacher as per G.O.(MS).No.198/79/G.Edn. Dated 22/11/1979. The Director of Public Instructions is the appointing authority. The vacancies W.P.(C). No.23028/2008 -:4:- have to be filled up through P.S.C on state-wise recruitment basis. The upper age limit fixed for applying to the post of Assistant Teacher in Government Special School is 40 years with usual relaxation for SC/ST and other backward communities. Urgent steps will be taken to fill up the vacancies on regular basis, through the P.S.C and the nine vacancies already available in Government Special Schools in the State will be reported to the P.S.C for direct recruitment. It is pointed out that as the petitioner has not completed 40 years he will be eligible to apply for the post of Assistant Teacher in the Government Special School before completing the required age. 4. It is clear from the averments in the writ petition and the documents produced by the petitioner that, he had been moving various authorities in the matter seeking for an appointment. It is only because of the administrative delay that he could not secure the appointment so far. The date of birth of the petitioner is 15/12/1970 and he is already aged 39 years. The petitioner had been moving various authorities even from the year 2005, which is clear from Exts.P6 and P7. In fact, the Government had made a proposal to the D.P.I calling for immediate report showing whether there were any vacancies to the post of Assistant Teachers in any of the Government Schools for Blind, and to inform whether the petitioner could W.P.(C). No.23028/2008 -:5:- be appointed on a permanent basis in any of the vacancies by adjusting the back log (Ext.P16, letter No.38353/R2/06/G.Edn., dated 07/09/2007). In reply, the D.P.I has forwarded the details of vacancies to the Government as per Ext.P17. 5. In that view of the matter, immediate attention of the additional fourth respondent Government of Kerala is required in regard to the grievances raised by the petitioner. Therefore, the additional fourth respondent will consider the matter in regard to the application for appointment of the petitioner as proposed in Ext.P16 and appropriate final decision will be taken within a period of three months from the date of receipt of the copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the additional fourth respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms