IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23137 of 2009(J) ------------------------------- PETITIONER: -------------- ABDUL RAZAKH THALEKKARA, AGED 34 YEARS, S/O.T.K.MOIDEENKUTTY, HIGH SCHOOL ASSISTANT (URDU) (PART-TIME), M.E.S.HIGHER SECONDARY SCHOOL, SREENARAYANAPURAM, P.O.VEMBALLUR, KODUNGALLUR, THRISSUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. 5. THE CORPORATE MANAGER, MUSLIM EDUCATIONAL SOCIETY, KOZHIKODE-673 001. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23137 OF 2009 --------------------------------------- Dated this the 19th day of August, 2009. J U D G M E N T The petitioner was appointed as High School Assistant Urdu (Part time) as per Exhibit P1 order of appointment with effect from 03.10.2005 by the 5th respondent-Manager. The approval of appointment was declined for the reason that the vacancy should be filled up by a protected teacher since the school is a newly opened one. The appeals and the revision petition filed have also been rejected as per Exhibits P2 to P4. 2. The petitioner mainly contends that in terms of G.O.(P)No.178/2002/G.Edn dated 28.06.2002, the Deputy Director of Education has not furnished the list of protected teachers to be appointed. Exhibit P6 circular dated 24.01.2005 is also relied upon by the petitioner. It is therefore, submitted that non appointment of the protected teacher cannot be taken as a ground to reject the approval. W.P.(C) No.23137/2009 2 3. Exhibits P8, P9 and P10 are orders issued by the Manager appointing three protected High School Assistants in the school with effect from 01.10.2007, 29.01.2008 and 28.03.2008. It is pointed out that appointments of five teachers have been approved by the department as per Exhibits P11 to P15 orders in the light of the fact that protected teachers have been appointed. These five teachers were appointed as Physical Education Teacher, H.S.A (Social Science), H.S.A (Maths), H.S.A (Physical Science) and H.S.A (Natural Science). 4. Exhibit P16 is the order passed by the Government in respect of another school where, in similar circumstances, directions have been issued to approve the appointment of Sri.Muhammed Ashraf as L.P.S.A. The petitioner is also relying upon various Government Orders and the judgments of this Court to contend for the position that when the list of protected hands has not been made available to the Manager, the Manager cannot be faulted for not appointing protected hands. 5. Presently, the petitioner is seeking for a direction to the Government to reconsider the matter in the light of the W.P.(C) No.23137/2009 3 subsequent developments whereby the Manager has already appointed three protected teachers in the school and also in the light of the fact that approval has been granted in respect of other teachers. Therefore, Exhibit P4 is quashed. There will be a direction to the 1st respondent to reconsider the matter in the light of the various orders mentioned above and the judgments relied upon by the petitioner. Appropriate orders shall be passed, after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp