IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 35357 of 2010(T) -------------------------- PETITIONER(S): --------------- G.SUGATHAN, MANAGER, GURUKULAM U.P.SCHOOL, ANGAMOOZHY P.O., PATHANAMTHITTA. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, THIRUVALLA. 2. ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. BASHEER KUTTY.T.H., ARABIC TEACHER UNDER PROTECTION JBV LP SCHOOL, KUMMANNOR, KONNI, PATHANAMTHITTA DISTRICT. 4. HEAD MASTER, JBV LP SCHOOL, KUMMANNOOR, KONNI, PATHANAMTHITTA. BY G.P.SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35357 of 2010(T) -------------------------- PETITIONER'S EXTS: EXT.P1:- COPY OF ORDER DTD.24.4.2004 ISSUED BY R1. EXT.P2:- COPY OF REPRESENTATION DTD.10.6.2009 SUBMITTED BY THE PETITIONER TO R1. EXT.P3:- COPY OF REPRESENTATION DTD.10.6.2010 SUBMITTED BY THE PETITIONER TO R2. EXT.P4:- COPY OF PROCEEDINGS DTD.13.8.2010 ISSUED BY R2. EXT.P5:- COPY OF APPEAL DTD.16.10.2010 SUBMITTED BY THE PETITIONER BEFORE R1. RESPONDENTS EXTS: NIL /TRUE COPY/ SD/- P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.35357 OF 2010 ------------------------------ Dated this the 2nd day of December, 2010 JUDGMENT The petitioner is the Manager of Gurukulam Upper Primary School, Angamoozhy, Pathanamthitta District. It is stated that the third respondent was appointed as Arabic teacher in the school on 15.7.1975. Later, on 5.1.1985, the third respondent was deployed to Government L.P.School, Peroorkulam as a protected teacher. Thereafter, as per Ext.P1 order dated 24.4.2004, the third respondent was deployed to JBV L.P.School, Kummannoor and he is continuing there. 2. According to the petitioner, there is enough strength of Muslim students in the parent school justifying retention of a post of Arabic teacher in the school. He submitted Ext.P2 representation to the Deputy Director of Education before the staff fixation of 2009-2010 was completed. During 2010- W.P.(C).No.35357 OF 2010 2 2011 also, the petitioner submitted Ext.P3 representation dated 10.6.2010 to the Assistant Educational Officer, praying that the third respondent may be redeployed to the parent school. The Assistant Educational Officer, after a visit in the school issued Ext.P4 staff fixation order for 2010-2011 in which it is stated that the third respondent, who was deployed as a protected teacher, was allowed to continue at JBV L.P.S, Kummannoor. Aggrieved by Ext.P4 staff fixation order, the petitioner filed Ext.P5 appeal before the Deputy Director of Education. Ext.P5 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) To call for the records leading to the issue of Ext.P4 issued by the 2nd respondent so far as it orders retention of the protection of the 3rd respondent in the 4th respondent school. (ii). To issue a writ in the nature of mandamus directing respondents 1 and 2 to cancel the deployment of 3rd respondent to JBV L.P. School, Kummannoor and bring him W.P.(C).No.35357 OF 2010 3 back to the petitioner's school as Arabic Teacher. (iii) To issue a writ in the nature of mandamus directing 1st respondent to consider and dispose of Ext.P5 appeal expeditiously after hearing the petitioner also. (iv) To issue any other order or direction appropriate in the circumstances of the case.” 4. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if relief No.(iii) is granted. 5. The learned Government Pleader submitted, on instructions, that Ext.P5 appeal was not located in the office of the Deputy Director of Education. The learned counsel for the petitioner submitted that the petitioner had verified in the office of the Deputy Director of Education and he had ensured that the appeal had reached that office. If for any reason Ext.P5 appeal is not found in the office of the Deputy Director of Education, Ext.P5 produced along with the Writ Petition shall be treated as an appeal. W.P.(C).No.35357 OF 2010 4 Accordingly, the Writ Petition is disposed of as follows: The Deputy Director of Education shall consider and dispose of Ext.P5 appeal, as expeditiously as possible, and at any rate, within a period of six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the third respondent. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the third respondent by registered post and he shall produce proof of the same before the Deputy Director of Education. K.T.SANKARAN, JUDGE. cms