IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12280 of 2009(D) --------------------------------------- PETITIONERS: --------------------- 1. THE MANAGER, SIR SYED HIGH SCHOOL, P.O.KARIMBAM, KANNUR DISTRICT. 2. ANWAR.P.S. HIGH SCHOOL ASSISTANT(PHYSICAL SCIENCE), DO- 3. MUSAMMIL.K.V.T. HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), DO- 4. MAHAROOF.A., HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), DO- 5. SHAMMEMATH.P, HIGH SCHOOL ASSISTANT(ARABIC), -DO- 6. SHAFEEKH.T.P., HIGH SCHOOL ASSISTANT(MATHS), -DO- 7. MUMTAS.A.P.U., HIGH SCHOOL ASSISTANT(HINDI),-DO- 8. JUVAIRIA.K., HIGH SCHOOL ASSISTANT(URDU), -DO- 9. SHAREEF.M., HIGH SCHOOL ASSISTANT(SOCIAL SCIENCE), -DO- 10. THUSHARA KHANNA, HIGH SCHOOL ASSISTANT(ENGLISH), -DO- 11. RAFEENA.V., HIGH SCHOOL ASSISTANT (MATHS), -DO- 12. VEENA.K HIGH SCHOOL ASSISTANT(MALAYALAM),-DO- W.P.(C). NO.12280/2009-D: 13. JAYA VARKEY, HIGH SCHOOL ASSISTANT(PHYSICAL SCIENCE), -DO- 14. MUHAMMED KUNHI, LOWER DIVISION CLERK, -DO- 15. MOHAMMED HARIS, PEON, -DO- 16. FIROZ.K.P., PEON, -DO- 17. KALEELA RAHMAN, FULL-TIME MENIAL,-DO- BY ADV. MR.M.MUHAMMED SHAFI. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR.P.O.,KANNUR-2. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR DISTRICT. R1 TO R4 BY SR. GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.12280 of 2009 -------------------------------------- Dated 8th April, 2009 JUDGMENT Heard both sides. 2. The first petitioner is the Manager of Sir Syed High School, Taliparamba and petitioners 2 to 17 are the teaching and non-teaching staff of the said school. The Sir Syed High School, Taliparamba was established in the year 2004-2005 pursuant to Ext.P1 Government order dated 24.7.2004. By Ext.P1, the Government permitted the Kannur District Muslim Educational Association which was running Sir Syed College, Thaliparamba, to start the Sir Syed High School for the reason that a large number of teachers working in the Sir Syed College, Thaliparamba had to be retrenched following the abolition of the Pre- degree course. One of the conditions subject to which permission was granted to the Kannur District Muslim Educational Association to establish a High School was that the management should appoint only the staff found surplus in the College due to the de-linking of the Pre- degree course and protected teachers of the revenue district till the two categories are exhausted. 3. It appears the first petitioner did not comply with the said stipulation and appointed petitioners 2 to 17 as teaching and non- WP(C).No.12280/2009 2 teaching staff. The first petitioner appointed only one protected teacher from the list of protected teachers in Kannur District. It appears the appointments of petitioners 2 to 17 were therefore not approved. 4. The learned counsel appearing for the petitioners submits that in identical circumstances permission had been granted to other educational agencies/managements to establish High Schools or Higher Secondary Schools after the Pre-degree course was abolished, with a condition similar to the one in Ext.P1 that the management shall appoint only the staff found in excess in the College and protected teachers of the revenue district. It is stated that by Ext.P9 order passed on 9.2.2009, the Government have directed grant of approval to appointments made in deviation of the said stipulation, if such appointments were otherwise in order. The petitioners' grievance is that the name of the Kannur District Muslim Educational Association which has established the Sir Syed High School is not included therein. Claiming similar treatment as was extended to the educational agencies/managements named in Ext.P9, the first petitioner has filed Ext.P10 representation before the Government. In this writ petition, the petitioners inter alia pray for a direction to the Government to consider Ext.P10 representation and pass orders thereon within a time limit to be fixed by this Court. WP(C).No.12280/2009 3 5. The question whether the first petitioner Manager can be extended the same benefit as was extended to the beneficiaries to Ext.P9 Government order is a matter to be decided by the first respondent. Ext.P9 discloses that the Government have permitted the managements which had established High Schools or Higher Secondary Schools to appoint teachers other than the teachers found in surplus in their colleges. Such being the situation, I am of the opinion that the request made by the first petitioner in Ext.P10 representation merits consideration by the Government. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Ext.P10 representation submitted by the first petitioner and take a decision thereon within three months from the date of receipt of a certified copy of this judgment. The first petitioner shall also be afforded a reasonable opportunity of being heard before orders are passed on Ext.P10. P.N.RAVINDRAN Judge TKS