IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 28261 of 2009(C) --------------------------------------- PETITIONER(S): ----------------------- 1. RUKMINI RAMACHANDRAN W/O.RAMACHANDRAN, AGED 50 YEARS, MANAGER, NATIONAL HIGHER SECONDARY SCHOOL IRINJALAKUDA, THRISSUR DISTRICT. 2. V.N.BINDU, HIGH SCHOOL ASSISTANT (MALAYALAM) NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28261/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.D.DIS. B6/6157/2002 OF THE DIST. EDUCATIONAL OFFICER DTD. 26.12.2002. P2:- COPY OF THE ORDER NO.D.DIS. 14864/2003/RA(2) /DPI OF THE 2ND RESPONDENT DTD. 4.12.2003. P3:- COPY OF THE HEARING NOTE OF THE PETITIONER DTD. 16.8.2008. P4:- COPY OF THE G.O.(RT) NO.2115/2009/G.EDN. OF THE GOVERNMENT DTD. 30.5.2009. P5:- COPY OF THE ORDER NO.26513/E3/09/G.EDN. OF THE GOVERNMENT DTD. 19.8.09. P6:- COPY OF THE G.O.(MS) NO.237/2000/G.EDN. OF THE GOVERNMENT DTD. 15.7.2000. P7:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.15936/2007. DTD. 21.11.2007. P8:- COPY OF THE G.O.(RT) NO.2623/08/G.EDN. OF THE GOVERNMENT DTD. 10.6.08. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28261 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. Judgment 1.The first petitioner is the manager of an aided High School and the second petitioner is a teacher. 2.Following the retirement of the then Headmaster, Smt.N.V.Radha, HSA(Malayalam) was promoted as Headmaster with effect from 1.4.2002. As against that vacancy, the second petitioner was promoted as HSA(Malayalam). Admittedly, there are six posts of HSA(Malayalam) in the school during 2001-02. G.O.(Ms)No.237/2000/G.Edn. dated 15.7.2000 was issued bringing a new mode of calculating the pupil-teacher ratio in HSA (Malayalam) and teachers in other regional languages. The students studying regional languages were excluded from determining the total number of pupils to be identified to WPC28261/09 -: 2 :- determine the number of HSAs that could be had. The effect of that Government Order was postponed from time to time. Ultimately, the Government brought it in the year 2002-2003. The second petitioner's appointment as HSA(Malayalam) being with effect from 5.6.2002, she would be ineligible to hold that post as the total number of posts of HSA(Malayalam) applying G.O.(Ms) 237/2000 would be only five. But, G.O.(Ms) 237/2000 is only an executive order and would not, in any manner, impinge the statutory rules contained in the Kerala Education Rules and the effect of the Kerala Education Act. On this principle, G.O.(Ms)237/2000 cannot be put against the second petitioner, having regard to the judgments of this Court in WP(C).7455/2004 and WP (C)15936/2007. The statutory rule, namely, Rule 6J of Chapter XXIII was introduced in the KER only with effect from 30.3.2005. Under such circumstances, the impugned orders are liable to be quashed. WPC28261/09 -: 3 :- In the result, this writ petition is allowed quashing the impugned orders and directing the fourth respondent to revise the staff fixation order for the relevant year in terms of the aforesaid direction and to approve the appointment of the second petitioner as HSA (Malayalam) with effect from 5.6.2002. Let consequential orders be issued in terms of this judgment within two months from the date of receipt of a copy of this judgment. Any monetary benefit following such fixation will be released within a further period of two months. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1108