IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21001 of 2009(U) -------------------------- PETITIONER(S): --------------- JYOTHI UNNIKRISHNAN,LOWER PRIMARY SCHOOL ASSISTANT,AGED 29 YEARS,W/O.PRADEEP,NARAYANA VIDHYALAYAM A.U.P.SCHOOL,(RE-NAMED AS UNITY A.U.P. SCHOOL)THENKARA,MANNARKAD,PALAKKAD 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,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, MANNARKAD,PALAKKAD DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM,PALAKKAD DISTRICT. 6. THE MANAGER,NARAYANA VIDHYALAM A.U.P. SCHOOL,(RE-NAMED AS UNITY A.U.P.SCHOOL)THENKARA, MANNARKAD,PALAKKAD DISTRICT. 7. THE MANAGER,NARAYANA VIDHYALAYAM A.U.P. SCHOOL,PANAMANNA SOUTH,MANNARKAD,PALAKKAD DIST. 8. THE HEADMISTRESS,NARAYANA VIDHYALAYAM A.U.P.SCHOOL,(RE-NAMED AS UNITY A.U.P.SCHOOL) THENKARA,MANNARKAD,PALAKKAD DISTRICT. R1 TO R5 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21001 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2009. JUDGMENT The petitioner is working as a Lower Primary School Assistant in Narayana Vidhyalayam A.U.P. School, Thenkara. The said appointment was approved. At the time of appointment, Narayana Vidhyalayam A.U.P. School, Thenkara and Narayana Vidhyalayam A.U.P. School, Panamanna South were functioning under the Corporate management. Ext.P1 is the combined seniority list. During the academic year 2006-2007 48 posts of L.P.S.A. and U.P.S.A. were sanctioned. 2. Subsequently, the Director of Public Instruction as per order dated 22.1.2008 reduced two posts in Narayana Vidhyalayam A.U.P. School, Thenkara due to bogus admission. Hence, 46 posts were available in both the schools and the petitioner is the 44th person. According to her, she is entitled to continue under 1 : 45 teacher student ratio, but her salary was withheld as per Ext.P2 order. Hence, the petitioner filed Ext.P3 representation before the Director of Public Instruction for appropriate orders in the matter. 3. The Deputy Director of Education later passed Ext.P4 order by wpc 21001/2009 2 approving the seniority list. It is pointed out that Ext.P4 order was passed without seeking objection of the teachers concerned. The petitioner has therefore filed Ext.P5 before the Director of Public Instruction which is pending consideration. 4. The main complaint of the petitioner is that the authorities have wrongly applied 1 : 40 student ratio and 1 : 45 student ratio resulting in hardships to the teachers concerned. There will be a direction to the second respondent to consider and pass orders on Exts.P3 and P5 after hearing the petitioner and the Manager and any other affected teachers, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/