IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 24232 of 2009(Y) ---------------------------------------- PETITIONER(S): -------------------------- 1. MUSTHAFA.V.K., UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 2. ANEES REHMAN, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 3. SAJINI.E.P, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 4. UNNIKRISHNAN NAMBISAN.A, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 5. MUHAMMED RASHID.P, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 6. SUDEV THOTTATHIL, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 7. NISHA.P, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. Kss ..2/- ..2... WPC.NO.24232/2009 Y 8. DINESH KUMAR.V, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 9. PATHUMMOL.K.T., UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 10. REJITH.P, HIGH SCHOOL ASSISTANT (ENGLISH), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 11. ABDUL KARIM.K, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 12. SAREEMAMOL.T, HIGH SCHOOL ASSISTANT (HINDI), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 13. SULTAN ALAUDDIN.P.K, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 14. MUHAMMED RAFI.T., HIGH SCHOOL ASSISTANT (MALAYALAM), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 15. ABDUL JALIL.K., HIGH SCHOOL ASSISTANT (ARBIC), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 16. SHAJI.C.K., HIGH SCHOOL ASSISTANT (MATHS), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. Kss ..3/- ..3... WPC.NO.24232/2009 Y 17. JOSE ANTONY, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 18. NISHA.P.P, HIGH SCHOOL ASSISTANT (ENGLISH), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 19. ABDUSSALIH.M.P., HIGH SCHOOL ASSISTANT (MATHS), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 20. BAVITHA B.NAIR, HIGH SCHOOL ASSISTANT (ENGLISH), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 21. HARINARAYANAN.K.T., HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 22. SMITHA.N.T., U.P.S.A. A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 23. SUDEV THOTTATH, U.P.S.A., A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 24. SUMAN PAUL, SPECIALIST TEACHER (CRAFT), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 25. PADMAJA.P., H.S.A.(SOCIAL STUDIES), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. Kss ..4/- ..4... WPC.NO.24232/2009 Y 26. SHERIN PAUL, H.S.A.(PHYSICAL SCIENCE), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 27. NAJWA.P., U.P.S.A., A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 28. FEBIN JOHN.C., LOWER GRADE HINDI TEACHER, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 29. RAKESH.V.P., U.P.S.A., A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 30. MANAGER, A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24232/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVERNMENT ORDER GO(MS) NO.152/2003/G.EDN.DTD. 9/06/2003. P2: COPY OF THE JUDGMENT IN WP(C) NO.23499/07. P3: COPY OF GOVERNMENT ORDER G.O.(RT)682/08/G.EDN. DTD.6/02/2008. P4: COPY OF REVISION FILED BY THE 7TH PETITIONER ALONG WITH PETITIONERS 22 TO 24 BEFORE THE GOVERNMENT ON 10/06/2008. P5: COPY OF REVISION FILED BY THE PETITIONERS 25 TO29 ALONG WITH OTHER PETITIONERS BEFORE THE GOVERNMENT ON 28/03/2009. P6: COPY OF THE STAFF FIXATION ORDER FOR 2007-08 OF A.K.M.HIGH SCHOOL, KOTTOOR, MALAPPURAM. P7: COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2008-09 OF A.K.M. HIGH SCHOOL, KOTTOOR, MALAPPURAM. P8: COPY OF THE STAFF FIXATION ORDER FOR 2006-07 OF A.K.M.HIGH SCHOOL, KOTTOOR, MALAPPURAM. P9: COPY OF GOVERNMENT ORDER G.O.(P) 317/05/G.EDN. DTD.17/08/2005. P10: COPY OF ORDER DTD. 16/05/2009 ISSUED BY THE BLOCK DEVELOPMENT OFFICER, MALAPPURAM REQUISITIONING THE SERVICES OF THE PETITIONERS FOR BPL SURVEY ETC. P11: COPY OF GOVERNMENT ORDER G.O.(P) NO.10/10/G.EDN. DTD. 12/01/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 24232 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 J U D G M E N T The petitioners are upper primary School Assistants and High School Assistants of AKM High School, Kottoor, Kottakkal. This school was upgraded in the year 2003-04. The petitioners' appointments were not approved on the ground that as per Government Orders on the subject there was a ban of appointment in additional divisional vacancies. Ext.P9 is the Government order in that regard. Petitioner seeks the following reliefs:- i. to issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibits P3 and P9 orders issued by the Government; ii. to declare that Exhibit P9 order is violative of the fundamental rights guaranteed under the constitution of India and therefore nullify the same by issuing appropriate writ or direction; iii.to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointments of the petitioners as Upper Primary School Assistants/High School Assistants at A.K.M. High School, Kottoor from their respective dates of WPC.24232 of 2009 : 2 : appointments based on Exhibits P6, P7 and P8 Staff Fixation Orders; iv.to grant such other and further relief as this Honorable Court may consider just and proper in the facts and circumstances of the case. 2. The petitioner has now produced Ext.P11 order of the Government along with I.A. No. 822 of 2010 and confines his relief for a direction to the first respondent to reconsider the matter in the light of Ext.P11 order. 3. The learned Government Pleader submits that for giving the benefit of Ext.P11 order, the petitioner and the Manager are bound to comply with the conditions incorporated therein and if those conditions are duly complied with the matter can be reconsidered in the light of Ext.P11. 4. Having heard both sides, I dispose of this writ petition with a direction to the first respondent to re-consider the question of approval of the appointment of the petitioners taking in to account Ext.P11 and pass appropriate orders thereon after affording an opportunity to the petitioner and the Manager of the School as expeditiously as possible at any rate WPC.24232 of 2009 : 3 : within two months from the date of receipt of a copy of this judgment. However, it would be open to the first respondent to insist on the petitioner and the Manager complying with all the conditions in Ext.P11 and the first respondent need comply with the above direction only if the petitioners and the Manager satisfies the first respondent that all the conditions in Ext.P11 has been complied with. But the first respondent, shall intimate the petitioner as to what are all the conditions remaining not complied with before passing final orders. The writ petition is disposed of as above. (S. SIRI JAGAN, JUDGE) jma The words “first respondent” occurring in paragraph 2 and in the 1st, 2nd and 3rd sentences in paragraph 4 of the judgment dated 25/01/2010 in WP(C) 24232/2009 are substituted by the words “4th respondent” vide order dated 12/03/2010 in I.A 3215/2010. Sd/- Registrar(Judicial)